Sunil Kumar Agrawal Vs Directorate of Enforcement (Supreme Court of India)
In the case of Sunil Kumar Agrawal Vs Directorate of Enforcement, heard by the Supreme Court of India, the primary issue revolved around the entitlement of the petitioner, Sunil Kumar Agrawal, to be released on regular bail in connection with a case registered under the Prevention of Money Laundering Act, 2002 (PMLA). The case in question, Crime No.ECIR/RPZO/09/2022, was registered at the Directorate of Enforcement, Zonal Office, Raipur, Chhattisgarh, citing offences punishable under Sections 3 and 4 of the PMLA.
The factual background of the case includes the registration of FIR No.129/2022 on 12.07.2022 at Police Station Kadugodi, Whitefield, Bengaluru, Karnataka. This FIR was filed against one Suryakant Tiwari and his associates under various sections of the Indian Penal Code (IPC), including allegations related to obstructing officials from carrying out their duties and destroying incriminating documents during an Income Tax Department search. Subsequently, the Central Board of Direct Taxes (CBDT) forwarded the case to the Directorate of Enforcement, leading to the registration of the subject crime case on 29.09.2022.
Sunil Kumar Agrawal was arrested by the Enforcement Directorate on 13.10.2022, and a statutory complaint was filed on 09.12.2022. Meanwhile, the Karnataka Police filed a chargesheet in FIR No.129/2022 on 08.06.2023, wherein certain offences under IPC were dropped, and only offences under Sections 204 and 353 of IPC were maintained. Notably, none of these offences were listed as scheduled offences under the PMLA.
