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HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, LAKSHMI KANT SHUKLA, JJ.
Satinder Singh Bhasin – Petitioner
Versus
State of U.P. and Another – Respondents
Criminal MISC. Writ Petition No. 9232 of 2025 With Criminal MISC. Writ Petition No. 15414 of 2025
Decided On : 18-12-2025
| Table of Content |
|---|
| 1. description of the case and parties involved. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. details on investigations and allegations against the petitioner. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. summary of petitions filed by the petitioner. (Para 21 , 22) |
| 4. arguments concerning the jurisdictional flaws in the ecir. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. contentions regarding the issuance of non-bailable warrants. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 6. submissions regarding illegal detention and its implications. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49) |
| 7. statements regarding the lack of proceeds of crime. (Para 50 , 51 , 52 , 53 , 54) |
| 8. arguments supporting the ed's investigation maintainability. (Para 55 , 56 , 57 , 58 , 59 , 60) |
| 9. ed's defense against the petitioner's claims. (Para 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68) |
| 10. ed's validation for issuing nbws. (Para 69 , 70 , 71) |
| 11. discussion on compliance and procedures with references to broader principles. (Para 72 , 73 , 74) |
| 12. analysis of the parameters governing issuance of nbws. (Para 75 , 76 , 77 , 78 , 79 , 80) |
| 13. legal reasoning concerning the nature of ecir and its authority. (Para 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88) |
| 14. insight on the legal binding aspects and the scope of judicial review. (Para 89 , 90 , 91 , 92 , 93 , 94) |
| 15. conclusion regarding the relationship between court orders and pmla proceedings. (Para 95 , 96 , 97 , 98 , 99 , 100) |
| 16. final assertions balancing individual rights with effective investigation. (Para 101 , 102 , 103 , 104) |
JUDGMENT :
Chandra Dhari Singh, J.
1. Since both the afore-captioned Criminal Misc. Writ Petitions have been filed challenging the ECIR/LKZO/14/2021, they have been heard together and are being disposed by means of this common order. For adjudication of both the writ petitions the facts of Criminal Misc. Writ Petition No.9232 of 2025 has been taken.
2. The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner, seeking the following reliefs:
“(i) Issue a writ of certiorari or any other appropriate writ, order, or direction quashing and setting aside order dated 11.04.2025 passed by learned Special Judge, Anti-Corruption, CBI, Ghaziabad whereby open ended Non-Bailable Warrants have been issued against the petitioner in relation to ECIR/LKZO/14/2021;
(ii) Issue a writ of mandamum or any other appropriate writ, order, or direction restraining the respondent, its officers, or any person acting under its authority, from initiating or continuing any coercive actions against the petitioner under the Prevention of Money Laundering Act, 2002, in relation to ECIR/LKZO/14/2021 or related matters;
(iii) Issue a writ of certiorari or any other appropriate writ, order, or direction quashing the Enforcement Case Information Report bearing no.ECIR/LKZO/14/2021 registered by the respondent pursuant to FIR No.353 of 2015 dated 09.06.2015, along with all consequential proceedings, including the raids conducted on 10.04.2025, as being illegal, ultra vires and violative of the petitioner’s fundamental right under Article 14, 19 and 21 of the Constitution;
(iv) Declare the respondent’s action in registering the ECIR and conducting raids as ultra vires the PMLA and unconstitutional for want of a predicate offence, violating Articles 14, 19 and 21 of the Constitution.”
FACTUAL MATRIX
3. The petitioner, Satinder Singh Bhasin, is an individual residing New Delhi, and was one of the Directors of M/s Bhasin Infotech & Infrastructure Pvt. Ltd. (hereinafter “BIIPL”), a company engaged in the development of a large commercial project known as “The Grand Venice Mall” at Greater Noida, Gautam Buddh Nagar. The project was undertaken on a commercial plot allotted by the Greater Noida Industrial Development Authority for the development of a theme-based commercial mall and an adjoining commercial tower (hereinafter “subject property”).
4
A predicate offence must exist for PMLA investigations to proceed; if proceedings are stayed, then related investigations, including ECIR and NBWs, must also desist.
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
The presence of a scheduled offence legitimizes the existence of an ECIR and allows the department to continue the investigation. However, the settlement or quashing of scheduled offences in FIRs pro....
The court upheld the validity of the ECIR independent of the FIRs, affirming that non-bailable warrants were justified due to the petitioners' non-cooperation in the investigation.
FIR and ECIR become two different documents and both tend to take shape on its own, independent of each other.
A quashed FIR does not automatically invalidate an ECIR; the ECIR is independent and requires substantive grounds for quashing based on the merits of the predicate offence under PMLA.
The Prevention of Money Laundering Act proceedings cannot survive if the predicate offences linked to them are closed by the court, indicating the non-existence of 'proceeds of crime'.
Anticipatory bail under the PMLA requires clear evidence that the accused is not guilty and unlikely to commit further offences, which was not demonstrated in this case.
Prosecution under the Prevention of Money Laundering Act, 2002 is not sustainable without a registered scheduled offence, as established by the Supreme Court in Vijay Madanlal Choudhary.
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