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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Rajat Choudhury – Appellant
Versus
Union of India (Enforcement Directorate) – Respondent
| Table of Content |
|---|
| 1. factual background and allegations against the petitioner. (Para 3 , 4 , 5 , 6) |
| 2. arguments supporting the petitioner's innocence and legal compliance. (Para 7 , 10 , 14) |
| 3. evidence and legal reasoning countering allegations. (Para 8 , 9 , 11) |
| 4. reiterating legal standards regarding nbw issuance. (Para 12 , 19) |
| 5. court's discretion to provide an opportunity for compliance. (Para 16 , 18 , 21) |
| 6. final conclusions and order of the court. (Para 17 , 22) |
JUDGMENT :
1. Heard Mr. B.P. Das, learned counsel for the Petitioner as well as Mr. G. Agarwal, learned counsel for the Enforcement Directorate. Perused the application under Section 482 Cr.P.C. and materials on record.
4. The factual background of the case, bereft of all unnecessary details, is that the Petitioner is one of the Power of Attorney Holders on behalf of the M/s. Artha Tatwa Infra India Ltd. for a land, however, he has not paid any money to the main accused for execution of such Power of Attorney. It has been alleged that the Petitioner is instrumental in transferring such property situated at Plot No.582 of Khata No.272/132 in Hatasahi Mouza, Bhubaneswar to one M/s. Orisons Properties Pvt. Ltd. without a
Issuance of Non-Bailable Warrants should follow established procedures; lesser measures like bailable warrants must be considered first to uphold the rights of the accused.
Anticipatory bail – Merely because an arrest can be made because it is lawful, does not mandate that arrest must be made – Distinction has been made between existence of power of arrest and justifica....
The court emphasized that personal liberty must be carefully balanced against the necessity of criminal proceedings, rejecting hasty issuance of non-bailable warrants absent compelling reasons.
Bail petition – Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously.
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
Bail should not be denied as a form of punishment; however, in cases of money laundering, serious allegations and potential interference with investigations warrant careful consideration against bail....
Repeated non-appearance of the accused, failure to obtain bail, and the legal provisions related to issuance of Non-Bailable Warrants were crucial in justifying the NBWs.
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