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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA
Arvind Dham – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
RAVINDER DUDEJA, J.
1. That the present application is being preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“ BNSS ”] read with Section 45 of the Prevention of Money Laundering Act, 2002 [“PMLA”] for grant of regular bail on behalf of Mr. Arvind Dham [“Petitioner”] who has been arraigned as Accused No. 1 in ECIR/GNZO/13-14/2024 and ECIR/GNZO/14/2024 arising out of FIRs having RC No. RC2202022E00199 dated 29.12.2022 and RC No. RC22322A009 dated 21.12.2022 which were registered by CBI, AC-V, New Delhi. Petitioner filed a bail application before the Ld. Special Judge, which was dismissed vide order dated 21.01.2025.
Brief Background
2. The present proceedings arise out of an ECIR registered by the Enforcement Directorate (“ED”) pursuant to large-scale allegations of financial mismanagement, fraud, and money laundering within the Amtek Group of companies, including Amtek Auto Ltd., ACIL Ltd., and allied entities. The trigger for investigation was a Public Interest Litigation before the Supreme Court highlighting bank frauds exceeding Rs. 12,000 crores, alongside multiple FIRs lodged by the CBI and other agencies. These FIRs alleged diversion of fund
In economic offences, bail is not a right; the burden rests on the applicant to show no risk of interference with justice or likelihood of guilt, reinforced by the position of the accused.
Economic offences require a cautious approach during bail considerations, balancing individual rights and public interest due to their profound impact.
(1) Bail – Money Laundering – All economic offences cannot be classified into one group as it may involve various activities and may differ from one case to another – Court cannot categorize all offe....
The court emphasized that bail under the PMLA requires satisfaction of twin conditions regarding the accused's guilt and likelihood of committing further offences, which were not met in this case.
The court determined that the prosecution must establish a clear link to proceeds of crime to justify denial of bail under PMLA, emphasizing the right to a speedy trial.
(1) Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting economy of country as a whole and ....
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
Offence of money-laundering - Anticipatory bail rejected - Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court mu....
Economic offences like money laundering under the PMLA warrant severe scrutiny for bail, emphasizing the right to a speedy trial while recognizing the gravity of the allegations and prolonged detenti....
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