Case Law Details
Lal Pabbi Vs Directorate of Enforcement (Punjab & Haryana High Court)
Prayer in this petition, filed under Section 439 Cr.P.C., is for grant of regular bail to the petitioner in case ECIR No. HQ-STF/15/2020 dated 07.09.2020, registered by the respondent-Enforcement Directorate, STF-HQ, New Delhi for an offence under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short ‘PMLA’).
Brief facts of the case are that the aforesaid case is registered against petitioner Shiv Lal Pabbi at the instance of Enforcement Directorate, STF-HQ, New Delhi (for short ‘ED’) on the ground that a letter dated 29.12.2017 was received from the Ministry of Home Affairs, vide which the original letter dated 20.04.2017, sent by the Embassy of Netherlands was endorsed, wherein a request was made for legal assistance in the matter of petitioner Shiv Lal Pabbi and others for their involvement in money laundering as they were indulged in secret banking and were having various assets in Dubai and India. The letter further states that the offence registered by the Dutch Police corresponds to Sections 420 and 467 of the IPC, which are scheduled offences under Part “A” of the PMLA. On the basis of the same, the aforesaid case/ECIR was registered on 07.09.2020 by the ED as per Part “C” and Section 58 of the PMLA.
During investigation, it was found that the petitioner is involved in the acts of cheating and forgery in Netherlands by transferring of money of other persons through Hawala operations and earned commissions in the shape of cash. Statement of the petitioner and one Mukesh Sharma was recorded under Sections 17 and 50 of the PMLA, however, the petitioner did not disclose the details of the bank accounts held by him in India and sought time. Again, summons under Section 50 of the
PMLA were issued to the petitioner on 06.07.2021 for appearance on 09.07.2021 to record his statement but he, through an email, requested for four weeks more time to collect the documents and on 17.07.2021, the petitioner was apprehended by the officials of Bureau of Immigration at New Delhi Airport in response to an LOC (Lookout Circular) dated 19.02.2021 as he was trying to board a flight in order to flee from India. Thereafter, he was produced before the Special Judge, CBI, Punjab, from where, he was remanded to ten days’ police custody and then, he was sent to judicial custody.
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