Case Law Details
Sameer Mahandru Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court granted interim bail on petitioner satisfying the test of proviso to section 45(1) of the Prevention of Money Laundering Act, 2002 (PMLA) as petitioner is suffering from life-threatening diseases warranting immediate medical attention.
Facts- The present application u/s. 439 of the Code of Criminal Procedure, 1973 read with Sections 45 and 65 of the Prevention of Money Laundering Act, 2002 (PMLA) has been filed by the applicant/petitioner seeking interim bail for the petitioner in relation to ECIR/HIU-II/14/2022 registered under Sections 3 and 4 of the PMLA.
The petitioner formed a Partnership Firm “Indo Spirits” with Arun Ramachandran Pillai and Prem Rahul Manduri for the wholesale L-l license under the Delhi Excise Policy, 2021-22. Subsequently, CBI registered FIR u/s. 120B and 477A of the Indian Penal Code, 1860 and Section 7 of the Prevention of Corruption Act, 1988 on the complaint of the Lt. Governor, Government of National Capital Territory of Delhi (GNCTD) against the petitioner and other accused persons regarding irregularities committed in the framing and implementation of the excise policy of the GNCTD for the year 2021-22.
The role ascribed to the petitioner in the Prosecution Complaint is that there are advance kickbacks of around Rs. 100 crores that were paid to the public servants in this conspiracy between the political persons, and Government officers/officials causing a total loss of Rs. 2873 cores to the exchequer of GNCTD and the petitioner along with other accused have key roles in the commission of the offence of money laundering as they were involved directly or indirectly, in the process or activities relating to the above proceeds of crime or its concealment, possession, acquisition, use, and projections or claiming it to be untainted property.
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