JUDGMENT :

TRIBHUVAN DAHIYA, J.

These two petitions are being decided by this common judgment as both the petitioners are co-accused in the same transactions involving affairs of a company wherein they are promoters and Directors. For brevity, the facts are being noticed from CRWP No.8667 of 2025, which has been filed under Article 226/227 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), inter alia for quashing the petitioner’s arrest order dated 21.07.2025, Annexure P-26, as well as the arrest memo dated 21.07.2025, Annexure P-28, and the subsequent remand orders dated 21.07.2025, 25.07.2025 and 28.07.2025, Annexures P-33, P-35 and P-38, respectively; prayer has also been made to quash the order dated 31.07.2025, Annexure P-40, passed by the Sessions Judge-cum-Special Judge, Gurugram, under the Prevention of Money Laundering Act, 2002 (for short, ‘the PMLA’), whereby the petitioner’s application to review the remand orders and direct his immediate release from custody has been dismissed.

2. Facts of the case in brief are, the petitioner is a promoter and Director of M/s Ramprastha Promoters & Developers Pvt. Ltd. (for short, ‘the RPDPL/Company’), which is a part of Ramprastha Group of Companies having fifty-eight companies at present, as the remaining seven have been closed. Other promoter-directors of the Company include the co-accused Sandeep Yadav, who has filed the second criminal writ petition, CRWP No.8750 of 2025. The Company was incorporated on 22.06.2007, having its registered office at Gurugram. It is a real estate company involved in acquisition of land, construction and sale of properties, and has statedly delivered several residential projects in Gurugram. It is accused of collecting funds to the tune of hundreds of crores from home buyers, and failing to give possession to a large number of them even after more than fifteen years of launching the projects. It has been alleged by the respondent Directorate of Enforcement (ED) that the Company has diverted a major part of its funds to other group companies as well as the companies outside the group, and has also given advances to its directors. The petitioner is a key managerial person and authorised signatory of the Company’s bank accounts, along with the co-accused Sandeep Yadav. He has also signed the balance sheet for many years. Sandeep Yadav is also accused of playing active role in the Company affairs and has been involved in sale of plots to the home buyers who have not been given the possession. These facts have been mentioned in the written statement filed on behalf of the ED, which is to the following effect:

35. Investigation revealed that M/s Ramprastha Promoters and Developers Private Limited is main company of Ramprastha Group of Companies, Gurugram. It was also revealed that there are around 65 companies in Ramprastha Group of Companies, Gurugram and group companies other than M/s Ramprastha Promoters and Developers Private Limited are land holding companies, as there was a land cap of 20-25 acres that can be purchased by a single company in Gurugram. Accordingly, to purchase large tracts of land for development of projects, multiple group companies were created by Ramprastha Group of Companies, Gurugram to acquire lands in Gurugram. The main purpose of these Group Companies was to buy lands in Gurugram and there is no other business being carried out by these companies. Further the appointment of Directors in Ramprastha Group companies, was decided by Mr. Balwant Singh Chaudhary, Mr. Arvind Walia and Mr. Sandeep Yadav and the decision regarding the affairs of these group companies were taken by Mr. Balwant Singh Chaudhary, Mr. Arvind Walia and Mr. Sandeep Yadav.

36. The promoter shareholders of M/s RPDPL are Balwant Singh Chaudhary, Sandeep Yadav and Arvind Walia.

37. M/s Ramprastha Promoters & Developers Pvt. Ltd. (RPDPL) launched a residential project by the name of “Skyz” and