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2018 (8) TMI 364

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..... No.CRBD1/2017/ E/0007 on 25th October, 2017 under Sections 13(2)(1)(d) of the Prevention of Corruption Act, 1988 (in short 'PC Act') read with Sections 420/467/468/471 IPC wherein the applicant was named as an accused on the ground that the directors, M/s.Sterling Biotech Limited (in short 'SBL') were supplying regular money to the applicant. 2. Pursuant to the registration of FIR by CBI, Enforcement Directorate i.e. the respondent herein, recorded the above noted ECIR on 3rd November, 2017 and on the same day, raided the premises of the petitioner. Thereafter, the respondent summoned the petitioner to join the investigation, which he joined on several dates. After the investigation, a complaint was filed by the respondent on 23rd Decembe .....

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..... ties against SBL group of companies on 28th June, 2011. Ashok Chotalal Gandhi gave the break-up of the amount of cash paid to the petitioner on various dates at Mumbai and Delhi amounting to a total sum of Rs.1,52,00,000/-.   4. As per the investigation further carried out and also on the basis of statement of the petitioner recorded under Section 50(2) and (3) of PMLA, it was found that money was diverted in purchasing shares in a company named M/s.RAG Buildtech Pvt. Ltd. managed by Anil Garg, son of the petitioner. Further, money was floated from shell companies whereafter RTGS transactions were made to RAG Buildtech. It is alleged that the petitioner through RAG Buildtech utilized the illicit money to the tune of Rs.1,15,00,000/- f .....

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..... or the respondent reiterating the allegations in the complaint as noted above states that during the course of investigation, sufficient evidence oral, documentary as well as circumstantial, has been gathered against the petitioner to prove the charge for commission of offence punishable under Sections 3 and 4 of PMLA. Statement of Ashok Chotalal Gandhi, an employee of SBL group of companies clearly shows the cash payments made by SBL group to the petitioner. Further, petitioner is the only bank official whose name features in the FIR registered by CBI to whom cash payments were made by Chetan Jayantilal Sandesara of the SBL group. Considering the gravity of the offence, nature of allegations and the investigation carried out, no bail be gr .....

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