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2017 Supreme(Del) 1347

S.P.GARG
ROHIT TANDON – Appellant
Versus
ENFORCEMENT DIRECTORATE – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vikas Pahwa, Sr. Advocate & Mr. Vivek Sood, Sr. Advocate with Mr. Arunabh Chawdhary, Mr. Amit Sharma, Mr. Vaibhav Tomar & Ms. Kinnore Ghosh, Advocates.
For the Respondent:Mr. Sanjay Jain, ASG with Mr. Amit Mahajan, CGSC, Ms. Karnika Singh, Ms. A.Thakur & Mr. V.Pasayat, Advocates.

JUDGMENT :

S.P.GARG, J.

1. The petitioner seeks regular bail under Section 439 Cr.P.C. in case ECIR/18/DZ-II/2016/AD (RV) registered under Sections 3 & 4 of Prevention of Money Laundering Act, 2002 (hereinafter referred as ‘PMLA’). Status report is on record.

2. I have heard learned Senior Counsel for the petitioner and learned Addl. Solicitor General and have examined the file.

3. Learned Senior Counsel for the petitioner urged that the petitioner is in custody since 28.12.2016. He has joined the investigation on various dates. The petitioner a practicing lawyer for nearly 35 years belongs to a respectable family. It is urged that petitioner’s arrest is premature as the offences under Sections 420/406/409/467/468/471/188/120-B IPC alleged in FIR No.205/2016 PS Crime Branch have not been prima facie established; no charge-sheet till date has been filed and the investigation is still at preliminary stage. The petitioner was not named therein; he was never asked to join the investigation in the said proceedings. Enforcement Directorate (hereinafter referred as ‘ED’) can’t conduct investigation before the Crime Branch concludes its investigation in the FIR No.205/2016 as the ‘scheduled of





































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