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Harmesh Kumar Gaba Versus Assistant Director Directorate of Enforcement

Interim bail - Prevention of Money Laundering - Held that:- It is seriously doubtful whether rigors of Section 45 of PMLA would be attracted in this case as the petitioner is not accused of an offence punishable for a term of imprisonment of more than three years in Part `A' of the Schedule attached to PMLA, 2002. Similarly, since the petitioner was not subjected to custodial interrogation regardless of express powers given to E.D under Section 19 of the Act, we see no reason whatsoever as to wh .....

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n surrender before the learned Special Judge, Patiala shall furnish the bail bonds to the satisfaction of the said Court and he shall be admitted to interim bail - CRM No. M-42455 of 2016 - Dated:- 28-2-2017 - HON'BLE MR. JUSTICE SURYA KANT AND HON'BLE MR. JUSTICE SUDIP AHLUWALIA Mr. P.S. Ahluwalia, Advocate for the petitioner. Ms. Ranjana Sahi, Advocate for the respondent. JUDGEMENT SURYA KANT, J.(Oral) The petitioner seeks pre-arrest bail in criminal complaint No.1 dated 22.01.2016 in .....

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both of them, cases under the NDPS Act have also been registered and there are specific allegations of manufacturing and sale of illicit drugs/ contrabands against them. The company in which Chunni Lal Gaba and Gurjit Kumar Gaba are Directors, namely, M/s Medcare Remedies Pvt. Ltd is also co-accused. So far as the petitioner is concerned, no case under NDPS Act has been registered against him and he is not a Director in M/s Medcare Remedies Pvt. Ltd. The Companies/ firms in which the petitioner .....

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an independent offence within the meaning of PMLA, 2002 for which the E.D shall be at liberty to proceed against him in accordance with law. So far as the complaint in hand is concerned, the investigation is over and its cognizance has already been taken. Since the petitioner was not required and was not taken into custody during the course of investigation of the instant complaint, no useful purpose shall be served by putting him in judicial custody at this stage. It thus appears to be a fit c .....

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