W.P.(CRL.) 2981/2023 Page 1 of 28

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 12.10.2023

Pronounced on: 03.11.2023

+

W.P.(CRL) 2981/2023 & CRL.M.A. 27792/2023

AMIT KATYAL

..... Petitioner

Through:

Mr. Mukul Rohtagi, Senior

Advocate

with

Ms.

Bina

Gupta, Mr. Gurpreet Singh,

Mr. Bakul Jain, Ms. Sheena,

Ms. Akasha Saini, Mr. Shiv

Kumar Gupta and Mr. Naman

Agarwal, Advocates

versus

DIRECTORATE OF ENFORCEMENT

..... Respondent

Through:

Mr. Zoheb Hossain, Special

Counsel for ED with Mr.

Vivek Gurnani, Mr. Baibhav,

Mr. Kartik Sabharwal and Mr.

Ankur Tiwari, Advocates

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

By way of present writ petition filed under Article 226 of

Constitution of India read with Section 482 of the Code of Criminal

Procedure, 1973 (‗Cr.P.C.‘), the petitioner seeks grant of following

reliefs:

―i. Issue a Writ of Certiorari of any Writ, Order or

Direction of like nature directing the calling of records in

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:03.11.2023

20:08:17

Signature Not Verified

W.P.(CRL.) 2981/2023 Page 2 of 28

relation to ECIR No. 31/2022 and direct quashing of the

proceedings against the Petitioner in the impugned ECIR

as an accused; and/or

ii. Issue a Writ of Prohibition of any Writ, Order or

Direction of like nature restraining the Respondent from

taking any coercive action against the Petitioner in respect

of the ECIR No. 31/2022 including conducting further

investigation & quashing summon dated 06.10.2023 qua

the Petitioner; and/or

iii. Issue a Writ of Declaration of any Writ, Order or

Direction for quashing of the Enforcement Directorate case

against the petitioner qua ECIR No. 31/2022 by quashing

the impugned ECIR, summon dated 06.10.2023 and all the

proceedings emanating therefrom; and

iv. Pass any other order or directions that this Hon‘ble

Court may deem fit and proper in the facts and

circumstances of the case in favor of the petitioner.

THE CASE OF PETITIONER

2.

The background facts, as disclosed in the petition, are that the

family of petitioner owns Krrish group of companies and has been in

business of Breweries and Distilleries since the year 1983, and in the

real estate business also since 2008. It is stated that the company

namely M/s Iceberg Industries Ltd. (previously known as Iceberg

Consultants Limited) was incorporated in the year 1994 and the

petitioner had become its whole-time director from the date of its

incorporation. The said company, for the purpose of setting up a

Distillery and Brewery plant had purchased a land of approximately

12 acres in Bihta, Bihar and the petitioner had then set up a plant for

Distillery in Bihar under the company M/s Iceberg Industries Ltd. It

is stated that since the petitioner‘s distillery was operating in Bihar,

the petitioner had started purchasing small chunks of lands/plots in

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:03.11.2023

20:08:17

Signature Not Verified

W.P.(CRL.) 2981/2023 Page 3 of 28

Bihar for the purpose of expansion or storage, in the name of several

companies such as M/s In-Shape Health & Resorts Pvt. Ltd., M/s

Iceberg Hotel & Resorts Ltd., and M/s AK Infosystem Pvt. Ltd.

during the years 2006-2011. It is stated that one of the properties

ad-measuring 9527 sq. ft. purchased by M/s AK Infosystem Pvt. Ltd.

in the year 2007, situated in Rupaspur, Danapur, Patna, Bihar, was

purchased for a sale consideration of Rs.10,83,000/-, paid in cash and

the owner of the said land Sh. Hazari Rai was relative of one of the

recruits in Group-D in Railway Department.

3.

It is stated that the distillery at Bihar owned by M/s Iceberg

Industries Ltd. was sold to American Beer company namely M/s

Molson Coors International. I