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2018 Supreme(Del) 1783

MUKTA GUPTA
Anup Prakash Garg – Appellant
Versus
Enforcement Directorate Thr. Assistant Director (PMLA) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vikas Pahwa, Sr. Advocate with Mr. Amarjeet Singh Bedi, Mr. P.S. Singhal, Mr. Vijay Shankar and Mr. Tushar Aggarwal, Advocates.
For the Respondent:Mr. Amit Mahajan, CGSC/UOI with Mr. Nitesh Rana, SPP and Mr. Anand Negi, Advocate.

JUDGMENT :

1. By this petition, the petitioner seeks bail in case ECIR/HQ/17/2017 recorded by the respondent under the Prevention of Money Laundering Act, 2002 (in short ‘PMLA’). CBI registered FIR bearing No.CRBD1/2017/ E/0007 on 25th October, 2017 under Sections 13(2)(1)(d) of the Prevention of Corruption Act, 1988 (in short ‘PC Act’) read with Sections 420/467/468/471 IPC wherein the applicant was named as an accused on the ground that the directors, M/s.Sterling Biotech Limited (in short ‘SBL’) were supplying regular money to the applicant.

2. Pursuant to the registration of FIR by CBI, Enforcement Directorate i.e. the respondent herein, recorded the above noted ECIR on 3rd November, 2017 and on the same day, raided the premises of the petitioner. Thereafter, the respondent summoned the petitioner to join the investigation, which he joined on several dates. After the investigation, a complaint was filed by the respondent on 23rd December, 2017 and after arrest of the petitioner on 12th January, 2018, subsequently, qua him complaint was filed on 9th March, 2018 wherein learned Trial Judge took cognizance. Though the precursor to the ECIR as noted above is the FIR registered by the












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