Directorate of Enforcement Vs Sanjay Bhandari (Tis Hazari Courts)
Court held that Sh. Sanjay Bhandari is a fugitive economic offender under section 12(1) of Fugitive Economic Offenders Act, 2018 as DOE has met all the requirements as per section 2(f) read with section 2(m) and 4 of the Fugitive Economic Offenders Act, 2018 are met.
Facts- The Directorate of Enforcement (“ED”) is the statutory agency under the Fugitive Economic Offenders Act, 2018 (“Act”) entrusted with the authority to implement the provisions of the Act and is also the competent agency to investigate into offences under the Prevention of Money Laundering Act, 2002 (“PMLA”). The Applicant is competent to file this Application as per Authorization No: F.No. LD/Fugitive Ordinance/ Rules/51/2018 dated 15.01.19. A copy of the said Authorization is annexed herewith as Annexure A-1.
Notably, the present application is being filed by the Applicant u/s 4 of the Act for declaration of the Accused named above as a Fugitive Economic Offender u/s 12 of the Act and for confiscation of the Properties mentioned in Annexure A-2 and Annexure A-3.
Conclusion- Held that on preponderance of probabilities, as discussed above, the DOE has been able to make out a case u/S. 2(f) and 2(m) of the FEO Act and after hearing and due consideration of the application u/S. 4 filed by the DOE, this Court is satisfied that the individual Sh. Sanjay Bhandari, against whom an warrant of arrest i.e. NBW has been issued by a Court of Ld. ACMM, Tis Hazari Courts, Delhi in a complaint filed u/S. 51 of the Black Money Act, which warrant is live and pending and the said individual against whom such warrants are pending has left India to abroad i.e. presently appears to be residing in UK from the material available on the record and he has left India so as to avoid criminal prosecution under the said complaint u/S. 51 of the Black Money Act and despite knowing the pendency of the NBWs against him and the criminal complaint u/S. 51 of the Black Money Act, he willfully refuses to come to India to face such criminal prosecution.
