Prabir Purkayastha Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court granted Anticipatory Bail to person accused in the matter of Prevention of Money Laundering Act, 2002 considering the prolonged investigations involved therein. Accordingly, bail application allowed.
Facts- Bail Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Applicant, Prabir Purkayastha seeking Anticipatory Bail in ECIR dated 02.09.2020 under Section 3 and 4 of the Prevention of Money Laundering Act, 2002.
The Applicant submits that he is a respectable and law-abiding citizen of India having deep roots in the Society and is residing with his Partner. He is a reputed journalist and is also a Director of M/s PPK Newsclick Studio Pvt. Ltd., a law-abiding corporate entity incorporated under the Companies Act, 2013, which owns and operates “in” set up in 2009, one of the most popular and reputed digital media platforms in the country as well as abroad.
Conclusion- Held that the allegations against the Applicant are of misuse and siphoning- off the funds received from the Foreign Companies and violation of the Rules of RBI. As has been rightly pointed out, the cases got registered in 2020 but even in the predicate offence, the investigations have not been concluded nor any Charge-Sheet filed. There is also nothing on record to suggest that the Applicant has been called since 2023 ever to join the investigations. The Applicant is a respectable man, aged about 75 years, having roots in the Society. The evidence is essentially documentary in nature and there is no likelihood of tampering with the evidence or of influencing the witnesses. Considering the prolonged investigations, and in view of the aforesaid circumstances, it is directed that in the event of arrest, the Applicant/Accused shall be admitted to Anticipatory Bail by the Investigating Officer/Arresting Officer.
