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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Directorate of Enforcement – Appellant
Versus
Ratul Puri – Respondent
Criminal Miscellaneous Case No. 6466 of 2019; Criminal Miscellaneous Appeal No. 42700 of 2019
Decided on : 14-01-2020
PMLA - Bail Grant - Sections 120-B, 420 of IPC, Sections 7, 8, 9, 12, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, Section 45 PMLA - [Summary of Acts and Sections discussed in the judgment]
Fact of the Case:
The case involves allegations of unethical dealings and kickbacks in the procurement of VVIP/VIP helicopters by the Indian Air Force. The petitioner sought to set aside the bail granted to the respondent, alleging his involvement in money laundering and attempts to influence witnesses and hamper the investigation.
Finding of the Court:
The court found that the respondent had attempted to influence witnesses, hamper the investigation, and was involved in money laundering. The court also discussed the applicability of Section 45 of PMLA and the gravity of the offence in denying bail.
Issues: The issues revolved around the respondent's alleged involvement in money laundering, attempts to influence witnesses, and the applicability of Section 45 of PMLA in denying bail.
Ratio Decidendi: The court's decision was based on the respondent's conduct, the gravity of the offence, and the applicability of Section 45 of PMLA in denying bail.
Final Decision: The petition seeking to set aside the bail granted to the respondent was dismissed by the court.
JUDGMENT :
Suresh Kumar Kait, J.
1. Vide the present petition , the petitioner seeks direction thereby to set aside the order dated 02.12.2019 passed by Ld. Special Judge, PMLA in ECIR/DLZO/15/2014/AD(VM) granting bail to the Respondent and consequentially cancel the same.
2. Brief facts of the case are that on 12.02.2013, Ministry of Defence, Govt. of India filed a complaint to CBl, New Delhi for registration of case and to investigate the unethical dealings of M/s Finmeccanica, Italy and payment of kickbacks to influence the contract for procurement of 12 VVIP/VIP Helicopters by Indian Air Force, Ministry of Defence, Govt. of India from M/s Agusta Westland International Limited, UK, a subsidiary of M/s Finmeccanica, Italy. Accordingly, CBl registered a case FIR vide RC No. RC- 217 2013 A 0003 dated 12.03.2013 for commission of offences punishable u/s 120-B r/w 420 of IPC and Sections 7,8,9,12, 13(2) r/w 13(l)(d) of Prevention of Corruption Act, 1988. Since the said offences are scheduled offences under the Prevention of Money Laundering Act (PMLA) and since the case involved generation of proceeds of crime, ECIR DLZO/15/2014/AD(VM) was registered on 03.07.2014 and investigation was initiated by the Petitioner department. On 20.11.2014, a Prosecution Complaint arraying Gautam Khaitan, Ritu Khaitan, Gerosa Carlo Valentino Ferdinand, Haschke Guido Ralph & M/s Aeromatrix Info Solutions Pvt. Ltd. accused for commission of offences u/s 3, punishable u/s 4 of PMLA 2002 was filed and cognizance was taken by the Ld. Special Judge. On 10.06.2016, 1st supplementary complaint was filed wherein Christian Michel James, Media Exim Pvt. Ltd., R.K. Nanda and J.B. Subramanian were arrayed as Accused for money laundering and the Ld. Special Judge was pleased to issue process against the Accused on 30.11.2016, while further investigation in the instant case continued.
3. Thereafter, on 13.09.2017 2nd Supplementary complaint arraying Shivani Rajiv Saxena, Matrix Holding Pvt. Ltd. and UHY Saxena Dubai as Accused for the offence of money laundering was filed. Thereafter, after considering the material available on record and the submissions of the Petitioner, the Ld. Special Judge was pleased to issue process against the Accused on 19.09.2017 and investigation in the instant case continued.
4. On 17.07.2018 3rd Supplementary Prosecution complaint arraying various other Accused was filed and process was issued against the said Accused on 24.07.2018, while further investigation continued.
5. The Accused Christian Michel James was extradited from the UAE on 04.12.2018 and certain crucial aspects of the case came to light after his arrival, Thereafter, Rajiv Saxena was deported from the UAE on 31.01.2019 and further investigation revealed certain crucial aspects of the case.
6. Accordingly, on 04.04.2019, 4th Supplementary Prosecution Complaint was filed before the Ld. Special Judge against various Accused persons, on which process was issued, while further investigation continued.
7. Thereafter, 5th Supplementary Prosecution Complaint was filed before the Ld. Special Judge on 22.05.2019 against various Accused persons, on which process was issued, while further investigation continued, including against the Respondent herein.
8. Further case of the petitioner department is that prior to the deportation of Rajiv Saxena, though there were apprehensions of the involvement of the Respondent herein, summons were served on the Respondent to investigate into the matter and primarily, documents were sought in this regard. Once the role of the Respondent became apparent post the deportation of Rajiv Saxena and the arrest of Sushen Mohan Gupta, he was summoned to join investigation. On 26.07.2019, though he appeared before the Petitioner, however, he chose to leave the said proceedings midway.
9. Mr. Nataraj, learned Additional Solicitor General appearing on behalf of the petitioner department submitted that it is a matter of record that the respondent was posed few di
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