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2024 Supreme(Del) 283

SWARANA KANTA SHARMA
Sanjay Singh – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Mohit Mathur, Sr. Advocate along with Mr. Rajat Bhardwaj, Mohd. Irshad, Mr. Harsh Gautam, Ms. Ankita M. Bhardwaj, Mr. Kanishk Raj and Mr. Kaustubh Khanna, Advocates, for the Petitioner; Mr. S.V. Raju, ASG along with Mr. Zoheb Hossain, Special counsel for ED along with Mr. Vivek Gurnani, Mr. Samrat Goswami, Mr. Kartik Sabharwal, Mr. Pranjal Tripathi, Ms. Madhumita, Ms. Sonali Sharma, Mr. Hitharth and Mr. Kanishk Maurya, Advocates for ED, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J. - By way of present application under Section 4 39 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') read with Sections 4 5 and 65 of the Prevention of Money Laundering Act, 2002 ('PMLA'), the applicant Sh. Sanjay Singh seeks grant of regular bail in case arising out of ECIR No. ECIR/HIU-II/14/2022, registered under Sections 3 and 4 of PMLA.

BACKGROUND OF THE CASE

2. The present case has been registered by the Directorate of Enforcement in relation to the predicate offence case registered by the Central Bureau of Investigation ('CBI'). On 17.08.2022, an FIR i.e. RC0032022A0053 had been registered by the CBI for offences punishable under Section 120B read with Section 447A of the INDIAN PENAL CODE , 1860 ('IPC') and Section 7 of Prevention of Corruption Act, 1988, ('PC Act') on the basis of a complaint dated 20.07.2022 made by the Lieutenant Governor, GNCTD and the directions of competent authority conveyed by Director, Ministry of Home Affairs ('MHA'), Government of India, through letter dated 22.07.2022 and also based on some sourced information, in relation to the irregularities committed in framing and implementation of excise policy of GNCTD for

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