Deepak Gupta Vs Enforcement Directorate of India (Orissa High Court)
Summary: The Orissa High Court considered a petition under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with Complaint Case (PMLA) No. 40 of 2018 arising from ECIR No. 01/2014/BSZO registered by the Enforcement Directorate. The petitioner, Deepak Gupta, was facing allegations arising from alleged illegal mining, including allegations of illegally raising and selling iron/manganese ore and causing loss to the State exchequer. The Court examined the petition principally from the standpoint of Article 21 of the Constitution, personal liberty, the applicability of the CrPC to PMLA proceedings, and the distinction between custody and arrest.
The Court began by emphasising the constitutional guarantee under Article 21 and referred to Babubhai Bhimabhai Bokhiria v. State of Gujarat, (2013) 9 SCC 500, concerning fairness and expeditious conclusion of criminal proceedings. It also referred to A.K. Gopalan v. State of Madras, (1950) SCC 228, while considering the constitutional framework governing deprivation of personal liberty.
The petitioner was already facing a vigilance prosecution arising from allegations of illegal mining. Balasore Vigilance P.S. Case No. 30 of 2013 had resulted in a preliminary charge-sheet dated 31.12.2013 and a final charge-sheet dated 24.06.2014. The petitioner had remained in custody for a substantial period and was ultimately granted interim bail by the High Court on 28.09.2020, which was confirmed and made final by the Supreme Court on 31.01.2022. The PMLA proceedings arose because certain offences forming part of the predicate case were treated as scheduled offences under the PMLA.
