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2022 Supreme(Del) 664

CHANDRA DHARI SINGH
Directorate Of Enforcement – Appellant
Versus
Gagandeep Singh – Respondent


Advocate Appeared:
For the Appellant :Mr. Anurag Ahluwalia, CGSC with Mr. Danish Faraz Khan, Advocates
For the Respondent:Mr. Vikram Chaudhari, Mr. Rishi Sehgal and Ms. Ria Khanna, Advocates

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant criminal revision petition has been filed by the Petitioner under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, (hereinafter “Cr.P.C.”) and Section 47 of the Prevention of Money Laundering Act, 2002 (hereinafter “PMLA”) seeking setting aside of Order dated 15th May, 2017, passed by the learned Special Judge, New Delhi District, Patiala House Courts, in CC No. 158/2014 titled as “Enforcement Directorate vs Gagandeep Singh & Ors”, whereby all the accused persons were discharged on the ground that no prima facie case was made out against them.

FACTUAL MATRIX

2. It is the background of the case that criminal proceedings under PMLA were initiated against Respondents by the Petitioner on the basis of independent intelligence gathered by them regarding money laundering activities. An FIR bearing No. 29/2011 under Section 21/25/29/61 of the Narcotic Drugs and Psychotropic Substance Act, 1985, (hereinafter “NDPS Act”) and 420/468/471/120B of the Indian Penal Code, 1860 (hereinafter “IPC”) was registered by the State Special Operation Cell, Amritsar against the Respondents alongwith other accused, and a Mutual Assista

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