CRL.REV.P. 246/2023

Page 1 of 22

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 19^th September, 2023

Pronounced on: 17^th October, 2023

+

CRL.REV.P. 246/2023 & CRL.M.A. 6428/2023 (stay)

DIRECTORATE OF ENFORCEMENT

..... Petitioner

Through:

Mr. Zoheb Hossain, Special Counsel

for the Directorate of Enforcement with

Mr. Vivek Gurnani and Mr. Baibhav,

Advocates.

versus

SH. DEV INDER BHALLA

..... Respondent

Through:

Mr. Aditya Singh Deshwal and Ms.

Ridam Arora, Advocates.

CORAM:

HON’BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA, J.

1.

The present petition under Section 47 of the Prevention of Money

Laundering Act, 2002 (‗PMLA‘) read with Section 397 and 401 of the Code

of Criminal Procedure, 1973 (‗CrPC‘) seeks the following prayers:-

―a. to call for the records, examine the same for the purpose of

satisfying itself to the correctness, legality and propriety and set aside

the impugned order dated 16.02.2023; and/or

b. to remand the case to the trial court for further consideration on the

Digitally Signed By:BHASKAR

SINGH RAWAT

Signing Date:18.10.2023

09:58:19

Signature Not Verified

CRL.REV.P. 246/2023

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remand application dated 15.02.2023; and/or

c. to cancel the order for interim bail and send the accused respondent

to Judicial custody till remand application is reconsidered by trial

court.

d. to pass any such other or further order(s) as mat do complete justice

on the facts and circumstances of the case.‖

Background

2.

Briefly stated, the facts of the case for the purpose of adjudication of

the present petition are as under:

i.

ECIR/09/DLZO/2016 was initiated by the petitioner/Directorate of

Enforcement (hereinafter referred to as the ‗department‘) against 11

accused persons including the present respondent, Sh. Dev Inder Bhalla

who was stated to be Director of M/s Interdev Aviation Services Pvt.

Ltd., Singapore.

ii.

It is the case of the department that during course of investigation in the

aforesaid ECIR, summons were issued to the respondent under Section

50(2) and 50(3) of the PMLA on various dates to join the investigation,

however, he did not appear. To secure his presence, on an application

moved by the department, open ended bailable warrants were issued by

Mr. Naresh Kumar Malhotra, Special Judge, New Delhi vide order

dated 12.01.2018. It is the case of the petitioner that on completion of

investigation, a complaint was filed against 11 persons including the

present respondent under Section 44 for the PMLA for commission of

offences under Section 3/70 punishable under Section 4 of the said act.

iii.

Upon filing of the said complaint, summons were issued to the 11

persons including the present respondent vide order dated 19.03.2021

Digitally Signed By:BHASKAR

SINGH RAWAT

Signing Date:18.10.2023

09:58:19

Signature Not Verified

CRL.REV.P. 246/2023

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passed by the learned Special Judge (PC Act): CBI-15, Rouse Avenue

District Court, New Delhi.

iv.

As per the records of the present case, the present respondent arrived in

India at Netaji Subhash Place Airport, West Bengal on the night of

13.02.2023 at 23:15 hours. In view of the open ended non-bailable

warrants, a look-out circular was in operation and the respondent was

detained at the said airport. Subsequently, said non-bailable warrants

were executed by the department on 14.02.2023 at 2100 hours.

v.

The respondent was produced before the learned Special Court on

15.02.2023 and was sent to judicial custody.

vi.

On the same day, an application was moved by the department seeking

police custody of the respondent.

vii.

Vide impugned order dated 16.02.2023, the learned Special Judge

dismissed the said application and released the respondent on interim

bail.

3.

Before proceeding further, it is noted that preliminary objections to the

maintainability of the present petition