Anup Majee Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court held that since twin conditions required under section 45 of the Prevention of Money Laundering Act, 2002 [PMLA] has been satisfied, the application for grant of anticipatory bail allowed.
Facts- The Applicant was a director of company in the name and style of Mark Enclave Pvt. Ltd (‘MEPL’). MEPL is engaged in the business of purchase and sale of coal.
On 07.08.2020, a raid was conducted by official(s) of Eastern Coalfield Limited (‘ECL’) at Railway Siding No.1 located at Pandaveswar, wherein 9.50 Metric Tonnes of coal was recovered and seized. On 05.11.2020, search and seizure operation(s) were carried out by the Income Tax Department at the Applicants’ business premises u/s. 132(4) of the Income Tax Act, 1961.
The CBI, Kolkata, registered an FIR against the Applicant and other identified public and private person(s) under Sections 409 and 120B of the Indian Penal Code, 1860 (‘IPC’) read with Section 13(2) and Section 13(1)(a) of the Prevention of Corruption Act, 1988 (‘PC Act’).
The present Application is filed for seeking anticipatory bail u/s. 45 and 65 of the Prevention of Money Laundering Act, 2002 (‘PMLA’) r.w.s. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) in connection with ECIR/HIU/17/2020 registered at HIU, Directorate of Enforcement u/s. 3 and 14 of PMLA.
