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2022 Supreme(Del) 476

CHANDRA DHARI SINGH
Sajjan Kumar – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Vikas Pahwa, Mr. Abhishek Pati, Mr. Rohan Wadhwa, Mr. Nikhil Pahwa.
For the Respondents: Mr. Zoheb Hossain, Mr. Vivek Gurnani, Mr. Gaurav Vashisht, Mr. Ankur Tiwari, Mr. Shuriya Suri.

JUDGMENT :

Chandra Dhari Singh, J.

1. The instant third bail application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C”) has been filed by the applicant seeking grant of regular bail in proceedings emanating from ECIR No. DLZO-1/09/2019 dated 23rd December 2019 leading to filing of prosecution complaint by the Directorate of Enforcement (hereinafter “ED”) dated 23rd November 2021 under Section 3 read with Sections 4/44/45/70 of the Prevention of Money Laundering Act, 2002 (hereinafter “PMLA”).

FACTUAL MATRIX

2. The background of the case is discussed as under:

    (i) The applicant is one of the directors in M/s Durga Apparels Pvt Ltd (“DAPL”), having its registered office at L-93, Chanakaya Place Part 2, New Delhi-110059. The said company is involved in the business of export/import of garments and carpets.

(ii) A prosecution complaint was filed against the applicant by the Directorate of Revenue Intelligence (hereinafter “DRI”) on 23rd April 2018, alleging commission of predicate offences under Sections 132 and 135 of the Customs Act, 1962, during 2010-2011 with respect to disbursal of duty drawback on the overvalued exports subsequently leading to extra du

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