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2024 Supreme(Del) 218

SUBRAMONIUM PRASAD
Brij Bala Kapur – Appellant
Versus
Directorate of Enforcement Surat Sub Zonal Unit – Respondent


Advocates appeared:
Mr. Mohit Mathur, Senior Advocate with Mr. Shishir Mathur, Mr. Harsh Gautam, Mr. Deepak Goel and Ms. Muskan Tyagi, Advocates, for the Petitioner.
Mr. Manish Jain, SPP for ED with Ms. Sougata Ganguly, Mr. Ishaan and Mr. Rukban Tyagi, Advocates, for the Respondent.

JUDGMENT

1. The Petitioner has approached this Court challenging the Provisional Attachment Order (PAO) bearing No.3/2023 dated 06.10.2023 passed by the Respondent.

2. The facts as mentioned in the Provisional Attachment Order (PAO) are that an FIR No. 1/16/2014 dated 11.04.2014 was registered by the Detection of Crime Branch, Surat Police for the offences under Sections 120(B), 420, 465, 467, 468, 471 and 477A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") on the basis of a complaint received from ICICI Bank, Surat against M/s R. A. Distributors Pvt. Ltd and its Directors alleging that the company had prepared 17 fake bills of entry and presented the same before the ICICI Bank for making foreign outward remittances. Another FIR No. 1/17/2014 dated 13.04.2014 was also registered by the Detection of Crime Branch, Surat Police against M/s Harmony Diamonds Pvt. Ltd., M/s Agni Gems Pvt. Ltd. and their Directors for similar offences. The PAO further indicates that the chargesheets have been filed. The chargesheet names the following:

S. No.Date of ChargesheetFIR No.Name of Accused1.19.08.2014I/16/2014Sunil Agarwal
Ratan Agarwal
2.30.09.2014I/16/2014Madan Lal Jain3.04.11.2



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