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2022 Supreme(P&H) 87

GURVINDER SINGH GILL
Seema Garg – Appellant
Versus
Assistant Director, Directorate of Enforcement – Respondent


Advocates Appeared:
For the Appellant :Mr. Jagmohan Bansal, Senior Advocate with Mr. Mukul Singla.
For the Respondent: Mr. Satya Pal Jain, Addl. Solicitor General of India with Mr. Arvind Moudgil Senior Counsel, Govt. of India and Ms. Jyotika Panesar, Devinder Pal.

JUDGMENT :

Gurvinder Singh Gill, J.

1. The petitioner seeks grant of anticipatory bail in a complaint i.e. COMA/15/2017 dated 22.12.2017 (Annexure P-3) instituted by Enforcement Directorate, wherein a supplementary compaint (Annexure P-6) has been filed against the petitioner and others for offence under Section 3 punishable under section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to, in short, as “PMLA 2002”).

2. The allegations, in nutshell, are to the effect that M/s Jaldhara Exports, Ludhiana had shown export of ready-made garments to the tune of Rs.33.36 crores to Bangladesh during the financial year 2012-13 and on the said basis had claimed a VAT refund of approximately Rs.1.56 crores from Government but upon inquiry by custom authorities, it was found that all the bills produced by the firm regarding export of garments etc. were forged and fabricated. In other words, the VAT refund of approximately Rs.1.56 crores had been claimed solely on the basis of forged and fabricated documents and the said firm had never exported any garments worth Rs.33.

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