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2016 (3) TMI 881 - PUNJAB & HARYANA HIGH COURT

2016 (3) TMI 881 - PUNJAB & HARYANA HIGH COURT - 2016 (337) E.L.T. 207 (P & H) - Prevention of Money Laundering - Special Court after forming a prima facie opinion that an offence under Section 3 punishable under Section 4 of the 2002 Act was made out, has summoned the petitioner through warrants of arrest - summoning of an accused in the case of a non-bailable offence through ordinary process - Held that:- We are satisfied that the petitioner does not deserve to any protection against his arres .....

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s discretion of the Court though to be exercised judiciously and by striking balance between the right to liberty vis-a-vis the legislative intendment in declaring the gravity of an offence. The only caveat is that the mode of securing presence cannot be resorted to mechanically. There ought to be due application of mind so that the reasons for invoking coercive means of securing presence are well elicited. - The petitioner (Bally Singh Kandola) is statedly a U.S. Citizen. One kilogram heroi .....

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gh warrants of arrest is a mechanical exercise or lacks the desired application of mind. The principles laid down by the Supreme Court in Inder Mohan Goswami's case are in the context of a private criminal complaint which originated out of a property dispute and the genesis of which lied in an agreement to sell between the accused and the complainant. These principles are distinguishable in a statutory complaint filed under the 2002 Act. The petitioner or his mother have failed to make out a cas .....

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of CRM-M-32721 of 2015 and CRM-M-32162 of 2015 as the point in issue involved is similar in nature. Facts are being extracted from CRM-M-32721 of 2015. 2.) The petitioner seeks quashing of order dated 21.7.2015 passed by the Designated Court under the Prevention of Money Laundering Act, 2002 (for short 'the 2002 Act') whereby the Special Court after forming a prima facie opinion that an offence under Section 3 punishable under Section 4 of the 2002 Act was made out, has summoned the pet .....

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ing investigation that the petitioner's father (Ranjit Singh Kandola) is involved in multiple drug trafficking cases and has allegedly amassed innumerable moveable and immoveable assets through proceeds of the crime without having any known source of income. According to the Enforcement Directorate, the petitioner and his parents are not income tax payees yet immoveable properties worth crores of rupees at different places in the State of Punjab, including a hotel in Ropar and a residential .....

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with a view to avoid requirement of PAN Card number, most of the cash transactions are of ₹ 49,900/- i.e. below ₹ 50,000/-. The Enforcement Directorate has alleged that the petitioner or his family members did not file any income tax return; have no PAN number and the immoveable properties owned by them by making payments in cash are thus the proceeds of crime derived from trafficking and dealing in drugs. 4.) The petitioner also owns some of the immoveable properties and luxury veh .....

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ner is involved in multiple cases and at present is lodged in Tihar Jail, Delhi. 7.) After carrying out its own investigation into the allegations of money laundering, the Enforcement Directorate has filed complaint No.COMA/2/2015 dated 21.7.2015 in which the petitioner is also arrayed as one of the accused. No sooner the Special Judge summoned the petitioner and his mother through warrants of arrest vide order dated 21.7.2015, the petitioner along with his mother applied for grant of pre-arrest .....

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custodial interrogation of the petitioner in the complaint case was necessary. 9.) After the dismissal of petitioner's anticipatory bail petition by this Court on 10.9.2015, his mother (Rajwant Kaur Virk) filed the accompanying petition bearing CRM-M-32162 of 2015 seeking "quashing of the order dated 21.7.2015" whereby she has also been summoned by the Designated Court through warrants of arrest. The learned Single Judge stayed operation of that order on 19.9.2015 and later on ref .....

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h the relevant record. 12.) With a view to wriggle out of the impact of the order dated 10.9.2015 whereby this Court declined pre-arrest bail to the petitioner, it is urged by his learned counsel that the nature of relief sought in the instant petition is distinct and different than the prearrest bail. He urges that the Designated Court ought not to have issued the warrants of arrest at the very first instance unless the Court was satisfied that the presence of the petitioner cannot be secured i .....

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er Vs. Niranjan Singh, Assistant Director, Directorate of Enforcement, Government of India) . 13.) As against it, learned counsel for the Enforcement Directorate has referred to averments made in the reply filed by the Assistant Director to maintain that there has been a complete noncooperation from the side of the petitioner and his mother and they have failed to elicit any information sought by the Directorate with respect to their known sources of income, to justify the accumulation of innume .....

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plied, moreso when the said provision is read with Section 65 and 71 of the 2002 Act. 14.) Having given our thoughtful consideration to the rival submissions, we are satisfied that the petitioner does not deserve to any protection against his arrest or subjection to the judicial custody for more than one reasons. Firstly, all the grounds now taken by him were very much available in the petition for the grant of pre-arrest bail which was dismissed by this Court on 10.9.2015. Secondly, there is no .....

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ot be resorted to mechanically. There ought to be due application of mind so that the reasons for invoking coercive means of securing presence are well elicited. 16.) In the case in hand, the reply/affidavit unfolds that after availing the concession of bail in the NDPS case on a technical ground, the petitioner and his mother have been totally noncooperative and have successfully stalled the further investigation being conducted by the Directorate of Enforcement. They have been reluctant even t .....

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) is statedly a U.S. Citizen. One kilogram heroin is alleged to have been recovered from him and his mother. He has different bank accounts in US and UK. He has been studying abroad though he is said to have admitted in his statement before the Directorate that his parents "did not file their income tax returns". Taking into consideration the totality of the circumstances and having regard to the gravity attached by the Legislature to the nature of offences defined under the 2002 Act e .....

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