The court emphasized the discretionary application of bail provisions under Section 45(1)(ii) of the Prevention of Money Laundering Act, 2002, based on the special circumstances of the case and the gravity of economic offences.

A.K. PATHAK, J.

1. By this application under Section 439 of the Code of Criminal Procedure, 1973 (the Code, for short) read with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA, for short), petitioner has prayed for grant of bail to her in Enforcement Case ECIR/15/DLZO-1/2014.

2. Brief facts of the case are that Central Bureau of Investigation (CBI), registered a case vide RC 217 2013 A0003 dated 12th March, 2013 under Sections 7, 8, 9, 12, 13(2) read with Section 13(1)(d) of the PMLA read with Section 120-B and 420 IPC, in respect of a contract signed by Ministry of defence with M/s Augusta Westland International Limited, for supply of 12 numbers of AW 101 VVIP helicopters. It was alleged that the contract was awarded to the said company after changing the specifications of the helicopters, in order to favour the said company after taking huge commission/bribe. Subsequently, on the basis of said case, present ECIR case was registered for the offence under Section 3 punishable under Section 4 of the Act. During the investigation, it was revealed that total 70 million Euros was paid as ‘kick backs’ by the said company. Petitioner and co-accused Gautam Khaitan, Rajiv Saxena (husband of petitioner, based in Dubai) and others were instrumental in laundering the bribe money in India and abroad. They were the carriers of proceeds of crime. The money laundering was done through several consultancy contracts executed between the said company and other companies, namely, M/s Gordian Services Sarl, M/s Tunisia and M/s IDS Sarl, Tunisia etc. These companies further executed consultancy contracts with M/s Interstellar Technologies Ltd., Mauritius, M/s IDS Infotech Ltd., Chandigarh, M/s Aeromatrix Info Salutations Pvt. Ltd., India and others. M/s IDS, Tunisia received Euro 24.37 million from M/s Agusta Westland. M/s Interstellar Technologies Ltd., Mauritius had received 12.4 million Euros. These proceeds were then transferred to foreign locations including the companies owned by the petitioner and her husband, namely, M/s UHY Saxena, Dubai and M/s Matrix Holdings Limited, Dubai. Petitioner was partner/director in both the companies. Petitioner was arrested in Chennai on 16th July, 2017 and her custody remand was taken. During this period, her statement under Section 50 of the Act was recorded. She was confronted with the records but she gave evasive replies. She also avoided to furnish information regarding companies situated in Mauritius and Dubai with which she and her husband (co-accused) were associated. Petitioner did not cooperate in the investigation. Huge transactions were noticed in the HDFC Bank accounts of the petitioner in India. Petitioner did not disclose other banks accounts, which found reflected in her HDFC Bank account. Petitioner was also associated with M/s Matrix Group Limited, Dubai, M/s Matrix Holdings Limited, Dubai, M/s Cronimet Mercon Invest. Ltd., Dubai, M/s ReCom Properties Pvt. Ltd. and M/s Whitespring Estate Pvt. Ltd. as a director or otherwise.

3. As per the respondent, the proceeds of crime were routed to India by way of investments made by the petitioner, her husband and their companies, details whereof, as could be traced till now, are as under :-