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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
N.S. SHEKHAWAT
Gurpreet Singh Sabharwal – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
N.S.Shekhawat, J. (Oral)
1. The petitioner has filed the present petition under Section 438 of Cr.P.C. with a prayer to direct the release of the petitioner on pre-arrest bail in a case ECIR/CDZO-II/11/2022 dated 18.10.2022 under Sections 3/4 of the Prevention of Money Laundering Act, 2002 (hereinafter to be referred as the PMLA') filed by the Directorate of Enforcement/respondent (hereinafter to be referred as the ED').
2. Learned senior counsel appearing on behalf of the petitioner has vehemently argued that the petitioner is an entrepreneur, belonging to a respectful family and had no criminal antecedents. M/s Tirpuati Roadways, firm of the petitioner participated in an e-auction for obtaining mining contract of mineral mine, namely, Rattewali Block/PKL B-10 for extraction of boulder, gravel and sand having a tentative area of 45.00 hectares against the reserve price of Rs.8,18,00,000/- and had offered the bid of Rs.11,72,50,000/- per annum against the said reserve price. The LOI dated 16.6.2017 (Annexure P-1) was issued in favour of the firm of the petitioner by the Director, Mines & Geology, Haryana. The firm submitted an online proposal for grant of Terms of Reference
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....
The court ruled that the arrest of the petitioner was unlawful due to insufficient evidence linking him to illegal mining, which is not a scheduled offence under the Prevention of Money Laundering Ac....
Judicial review of PMLA arrests limited to procedural compliance; 'reasons to believe' under s.19 valid on prima facie material like seized assets, statements; no need for naming in predicate FIRs; o....
Money Laundering – Power to arrest under Section 19 (1) of PMLA is not for the purpose of investigation – Arrest can and should wait and power in terms of Section 19(1) of PMLA can be exercised only ....
The main legal point established is that the petitioner's qualification under the triple test of Section 45 of the PMLA, the timing of the FIR registration, and the petitioner's health condition were....
The main legal point established in the judgment is the need for strict compliance with the mandatory provisions of the Prevention of Money Laundering Act (PMLA) in the arrest and bail application pr....
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