JUDGMENT :

1. The Applicant, who is arraigned in PMLA Case No.1089 of 2021 arising out of ECIR No.NBZO/1/66 of 2021, at the instance of Directorate of Enforcement (ED) for the offences punishable under Section 4 read with Section 3 of the Prevention of Money Laundering Act, 2002 (PMLA), has preferred this Application to enlarge him on bail.

2. The prelude to the registration of the above numbered ECIR, can be stated as under :

2.1 A FIR bearing C.R.No.35 of 2021 was registered with Gamdevi Police Station, Mumbai, in connection with an occurrence, wherein a gelatin laden SUV was found near the residence of an industrialist. NIA took over investigation. Mr. Sachin Waze, the then API attached to the Crime Investigation, Unit of Crime Branch, Mumbai was arrested. In the wake of the controversy, by an order dated 17th March, 2021, Mr. Param Bir Singh, the then Commissioner of Police, Mumbai, came to be transferred from the said post. The Applicant was then holding the office of the Home Minister, Government of Maharashtra.

2.2 Mr. Param Bir Singh, addressed a letter dated 20th March, 2021 to the then Chief Minister of Maharashtra, making certain allegations against the Applicant. As the contents of the said letter came in public domain, a batch of Petitions including Public Interest Litigation No.6 of 2021, were instituted in this Court. The Division Bench of this Court by an order dated 5th April, 2021 directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry into the complaint made by Smt. Jayshree Patil, one of the Petitioners, to which a copy of the letter dated 20th March, 2021 was annexed. A challenge to the said order was turned down by the Supreme Court by an order dated 8th April, 2021.

2.3 Thereupon, the CBI conducted a preliminary inquiry and, on 21st April, 2021, registered FIR bearing No. RC No.2232021a0003 at ACB-V, New Delhi, against the Applicant and unknown others, with the assertion that the preliminary inquiry, prima facie, revealed that cognizable offence was made out wherein the Applicant and unknown others attempted to obtain undue advantage for improper and dishonest performance of their public duty. The Applicant and others allegedly exercised undue influence over the transfers and postings of the police officials and thereby also exercised undue influence over the performance of official duty by the officials. Thus, a regular case under Section 7 of the Prevention of Corruption Act, 1988 (the PC Act) and Section 120B of the Indian Penal Code came to be registered against the Applicant and unknown others.

2.4 Treating the aforesaid FIR registered by CBI as a source from which the information is received and the offence alleged therein as predicate offence, the Respondent – Enforcement Directorate (ED) registered the above ECIR against the Applicant and others for the offence punishable under Section 4 read with Section 3 of the PMLA. The Respondent asserted that as Section 120B of the Indian Penal Code and Section 7 of the PC Act, 1988 are Scheduled offences as mentioned in Paragraph 1 and 8 respectively of Part A, of the Schedule appended to PMLA, a prima facie case for offence of money laundering defined under Section 3 punishable under Section 4 of the PMLA appeared to have been made out.

2.5. In the intervening period, the challenges on behalf of the Applicant to the registration of the FIR by CBI and the issue of summons to the Applicant under Section 50 of the PMLA, were negatived by this Court. For the purpose of determination of this Application, it may be superfluous to delve into those aspects except to note that post disposal of the Writ Petition No.625 of 2021 by an order dated 29th October, 2021, the Applicant appeared before the Respondent – ED and, after interrogation, the Applicant came to be arrested on 2nd November, 2021. Post initial remand to ED’s custody, the Applicant has been in judicial custody since 15th November, 2021.

2.6. In the meanwhile, on 23rd August, 2021 th