Vikas Bansal Vs Directorate of Enforcement (Himachal Pradesh High Court)
Himachal Pradesh High Court held that arrest under section 19 of the Prevention of Money Laundering Act [the PMLA Act] justified as reasons to believe that petitioner is guilty of an offence under the PMLA. Accordingly, petition dismissed.
Facts- The case of the petitioner is that an FIR bearing No. RC0962019A0002 was registered by the Central Bureau of Investigation (CBI) on 07.05.2019, for commission of offences punishable under Sections 409, 419, 465, 466 and 471 of the Indian Penal Code against unknown persons.
After the lodging of FIR, CBI conducted searches and seizure at 22 educational institutions, including the Himalayan Group of Professional Educational Institutions and Apex Group of Educational Institutions, which had applied for and received financial assistance under the Post-Matric Scholarship Scheme for Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC) students in State of Himachal Pradesh. The petitioner was serving as Vice Chairman of the Himalayan Group of Professional Educational Institutions at Kala Amb, District Sirmaur.
In the course of investigation, the petitioner was arrested by the CBI on 8th of April 2022. He was enlarged on bail by this High Court. After conclusion of the investigation, multiple Charge Sheets were filed by CBI before learned Special Judge (CBI), Shimla. The petitioner was arrayed as an accused along with eight other individuals and challan was presented before the Court of learned Special Judge (CBI), Shimla, on 18.04.2022. Charges have been framed against the petitioner u/s. 120-B r.w.s. 409 and 471 of the Indian Penal Code along with Section 13(2) read with Section 13 (1)(c) and (d) of the Prevention of the Corruption Act, 1988.
