( 1 ) THIS petition has been filed under Section 439 of the Criminal Procedure Code for grant of bail to the petitioner Lambert Kroger, a German National, who is an accused in FIR No. 219/99 registered at Police Station Chitranjan Park under Sections 120b/420/409 of the Indian Penal Code read with Sections 3,4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. The said FIR was registered on the basis of the complaint of one Shri Lakshmi Chand Gupta. Since the petitioner had already been arrested by the officials of the Enforcement Directorate on 8. 7. 1999 for the provisons under FERA, 1973 violations and had been in judicial custody he was arrested in this case on 26. 7. 1999 through production warrants and was remanded to police custody for three days and thereafter he continued to be in judicial custody.

( 2 ) ACCORDING to the complaint filed by Shri Lakshmi Chand Gupta and the FIR registered on the basis of the said complaint, the complainant is doing business of Motor Workshop. In the first week of May, 1999 one of his acquaintenances Shri Ravinder Nath Puri informed him that Maple Leaf Trading International Private Limited has floated a scheme appointing general public as business partners. The officers of the company hold meetings in Five Star Hels every Saturday and Sunday on payment of Rs. 500. 00 and call the people interested in becoming members. Shri Ravinder Nath Puri was made a member by one Shri Hardeep Singh. The said Shri Hardeep Singh called the complainant in Hotel Holiday Inn on 15. 5. 1999 at 1. 30 p. m. where 100-125 persons had gathered. There one Shri Ashok Aggarwal gave a presentation of Maple Leaf Scheme and told that whoever became member of the scheme would have to deposit Rs. 60,000. 00 through Bank Draft in favour of the company. The member who appoints four more persons will get Rs. 11,800. 00 worth gold in Phase I of the scheme. In Phase II the four members appointed in Phase I will have to further appoint four members-each, upon which the original member (first) will get Rs. 29,500. 00 worth gold. In Phase III the sixteen members appointed in Phase II will have to further appoint four members each, upon which the original (first) member will get Rs. 29,500. 00 worth gold. In Phase III the sixteen members appointed in Phase II will have to further appoint four members each, upon which the original (first) member will get Rs. 2,35,000. 00 worth gold and this process will continue. In the hotel party the said Hardeep Singh informed the complainant that if the complainant was not able to appoint members they would extend full help in appointing members so that the complainant was able to get gold. Shri Hardeep Singh is the spokes person (Manager) of the company and on the advice of the Directors he induces general public to become a member. During the meetings in the hotel such a rosy picture is presented that every person will have a lot of gold and every person agress to become member. The complainant also became a member on 18. 5. 1999 on payment of Rs. 60,000. 00 by depositing draft in Maple Leaf Trading International Private Limited on the inducement of the said Hardeep Singh and other officials of the company. The complainant was not able to appoint any member and he asked Shri Hardeep Singh and the company to refund his money but they refused to refund his money. It is also stated in the complaint that the company is cheating other people also. The complainant wants his money to be refunded and legal action to be taken against the offenders.

( 3 ) PURSUANT to the above mentioned FIR investigation has been conducted and charge sheet has been filed in the Court on 20. 9. 1999. As per the charge sheet the accused persons sent for trial are Lambert Kroger (petitioner herein), Naresh Sharma, Dalip Arora, Ashok Chatterjee and M/s. Maple Leaf Trading International Private Limited through Managing Director. According to the charge sheet Lambert Kroger, Cliff Roy