Case Law Details
Amit Aggarwal Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court held that unauthorized outward remittance by forged Form 15CB certificates has not fulfilled the ingredients of the offence of money laundering as there is no “proceeds of crime” being generated from scheduled offence i.e. fabrication of Form 15CB certificates.
Facts- The present bail application is filed u/s. 438 of The Code of Criminal Procedure, 1973 on behalf of the petitioner Amit Aggarwal for grant of anticipatory bail in ECIR/DLZO-II/24/2022 registered u/s. 3 and 4 of The Prevention of Money Laundering Act, 2002.
Notably, complaint was made by Vikash Mohpal s/o Late Prakash Mohpal (“the complaint”) in respect of cheating, fraud, forgery stated to be committed by M/s Kinzal Freight Forwarding (OPC) Private Limited, M/s Shree Shyam International, M/s Wentorz Logistics Private Limited, M/s Balaji International, M/s Mizta Tradex Private Limited, Ravi Mehra and other unknown parties.
The complainant was summoned by ED on 16.09.2021 and was informed by Sanjeet Kumar Sahu, Assistant Director that 15CA/CB certificates issued by using credentials of the complainant have been used and submitted to banks by M/s Kinzal Freight Forwarding (OPC) Private Limited, M/s Balaji International, M/s Shree Shyam International, and M/s Wentorz Logistics Private Limited, etc. for effecting outward remittances of approximate Rs.300 crores towards freight payment from the respective bank accounts maintained with ICICI Bank. The complainant, after examination of the documents shown to him by the ED officials realized that those certificates have been forged with mala fide intention to remit the funds abroad by using forged and fabricated documents and by making wrong declaration regarding the purpose of remittance. The complainant also noticed various discrepancies in the Form 15CA/CB as detailed in FIR to show that those documents were fabricated.
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