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2019 Supreme(Del) 1858

SURESH KUMAR KAIT
D. K. Shivakumar – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates Appeared:
Abhishek Manu Singhvi, Adv., Rakesh Khanna, Adv., Dayan Krishnan, Adv., Mayank Jain, Adv., Parmatma Singh, Adv., Madhur Jain, Adv., K.M. Natrajan, Adv., Amit Mahajan, Adv., Sharath Nambiar, Adv., Anmol Chandan, Adv., Mohammad Faraz, Adv., Kunal Dutt, Adv., Mallika Hiremath, Adv., Nidhi Chaudhary, Adv., Saurabh Mehta, Adv.

JUDGMENT :

Suresh Kumar Kait, J.

Present bail application has been filed under Section 439 Cr.P.C. r/w Section 65 PMLA, 2002 on behalf of the petitioner in ECIR/04/HQ/2018.

2. The petitioner was arrested on 03.09.2019 and remained in custody of the Enforcement Directorate, New Delhi, for 15 days and is presently in judicial custody in Tihar Jail, New Delhi.

3. The instant petition u/s 439 Cr.P.C. is maintainable by virtue of Section 65 of the PMLA which provides that the provisions of Cr.P.C. shall apply, in so far as they are not inconsistent with the provision of the PMLA. Section 65 of the PMLA is reproduced hereunder:-

    "65. Code of Criminal Procedure, 1973 to apply.-

The provisions of the Code of Criminal Procedure, 1973 (2of 1974) shall apply, insofar as they are not inconsistent with the provisions of this Act, to arrest, search and seizure, attachment, confiscation, investigation, prosecution and all other proceedings under this Act."

4. Brief facts of the case are that a search u/s 132(1) of the Income Tax Act was conducted on the premises of the Petitioner and other persons o

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