ORDER

Heard learned Senior Counsel for the petitioner and learned counsel for the Enforcement Directorate.

2. In this case, the petitioner is seeking regular bail in connection with Special PMLA Case No.06 of 2021 arising out of ECIR No. PTZO/03/2020 registered for the offence under section 4 of the Prevention of Money Laundering Act.

3. The case in brief is that a complaint was filed by the then Chief Vigilance Officer and Senior Deputy General Manager, Eastern Railway, Kolkata alleging irregularities and misappropriation in the disposal of condemned wagons from Dhobi Ghat Siding of Eastern Railway, Jamalpur Railway Workshop, Jamalpur. It is alleged in the said complaint that during a preventive check by the Vigilance Department Eastern Railway, Jamalpur, it was detected that nearly 100 of condemned wagons were missing from Dhobi Ghat Siding, Jamalpur Railway Workshop, Jamalpur in addition to 3220 numbers of released wheel sets along with other excluded fittings. The value of such condemned wagons, wheel sets and excluded fittings was estimated to be Rs. 34 crores approx. It is further alleged that such large scale of criminal misappropriation of railway property has been perpetrated by outside private agency and lone auction purchaser M/s Shree Maharani Steel, Patna in connivance with unknown Railway officials.

3.1. The Investigation reveals that after approval of the competent authority regarding condemnation of wagons, a memorandum report is prepared enumerating the serial numbers of the condemned wagons in it and sent to the concerned workshop for further processing and disposal of these condemned wagons. During investigation, all the memorandum reports received at Jamalpur Railway Workshop during the period 01.04.2013 to 31.03.2017 were collected and scrutinized and it was found that memorandum reports were received in respect of total 1107 numbers of wagons at Jamalpur Railway workshop during the period 01.04.2013 to 31.03.2017 and therefore, total 1107 number of wagons were condemned at Jamalpur Railway workshop during the period 01.04.2013 to 31.03.2017. Though out of 1107 wagons, 9 wagons were placed at other stations and not meant for being sold by store department of Jamalpur Railway Workshop. It was further revealed that 1006 numbers of wagons have been successfully sold by the store department of Jamalpur Railway Workshop and all due payments have been received by the Railways as per the rate mentioned in the sale release order.

3.2. The investigation further revealed that 57 numbers of such wagons were not forfeited due to non-deposit of balance sale value by the purchaser. There are 3 such wagons which were not offered to store department for sale and again 32 numbers of such wagons were not sold due to non-availability of wagons at Dhobi Ghat. Hence, in respect of 92 numbers of condemned wagons, payments were not received by the Store Department of Jamalpur Railway Workshop but all these 92 wagons have already been condemned of different dates of the period 2014 to 2017. It is alleged that 100 numbers of condemned wagons and 3220 numbers of released wheels sets along with other excluded fittings having net value of Rs. 34 crores approximately have been misappropriated by an outsider private agency and lone auction purchaser M/s Shree Maharani Steel, Patna whose proprietor is the petitioner in connivance with unknown Railway officials.

4. Earlier, the prayer of the petitioner for grant of bail has been rejected by a coordinate Bench of this Court vide order dated 09.10.2023 passed in Criminal Miscellaneous No.3428 of 2022.

5. It has been submitted by learned Senior Counsel for the petitioner that the petitioner is in custody since 14.08.2021 i.e. he has remained in custody for about four years. He has further submitted that in the trial out of 18 witnesses only nine witnesses have been examined and the trial is being delayed by the prosecution.

6. It has also been submitted by learned Senior Counsel for the petitioner