TMI Blog2020 (2) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... estigating officer to explain various transactions came across during the investigation for the purpose of ongoing investigation under PMLA. Hence, custodial interrogation of the applicant is required - application dismissed. - R/CRIMINAL MISC.APPLICATION NO. 2973 of 2020 - - - Dated:- 19-2-2020 - HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI MR N D NANAVATY, SENIOR ADVOCATE WITH MR ZAHIRUDDIN S SAIYED FOR THE APPLICANT MR DEVANG VYAS MR LB DABHI, APP FOR THE RESPONDENT ORDER 1. This application is filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for enlarging the applicant in the event of her arrest in connection with the ECIR/AMZO/02/2017 registered with the Enforcement Directorate, Ahmedabad. 2. Heard learned Senior Advocate Mr. N.D.Nanavaty assisted by learned advocate Mr. Zahiruddin S. Saiyed for the applicant and learned Assistant Solicitor General Mr. Devang Vyas for respondent No.2 and learned APP Mr. L.B.Dabhi for respondent No.1. 3. Learned Senior Advocate for the applicant submitted that on 01.04.2015, FIR being C.R.No.I3 of 2015 came to be registered with CID Crime, Gan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which the applicant was Director at the relevant point of time from 2010 to 2013. It is also alleged that applicant is actively involved in the offence of money laundering by receiving an amount of ₹ 10 lakh from company named Purple Events. It is also stated that total amount of ₹ 12.62 crores was transferred to Purple Events, where the applicant was Director and Authorized Signatory. However, with regard to the said allegation levelled against the applicant by the respondent investigating agency, it is submitted by learned counsel that though ECIR is registered in June 2017, for the first time, summonses were issued to the applicant in December, 2019. Except the allegation with regard to the company viz. Purple Events in which the applicant was a Director, no other allegations are levelled against the applicant. It is further submitted that as per the allegation levelled by the respondent investigating agency, proceeds of crime alleged to have been generated by virtue of activities alleged in FIR being C.R.No.I3 of 2015 which was registered on 01.04.2015 are allegedly generated during August 2012 to August 2013 i.e. much after the applicant having ceased to be a Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, thereafter, submitted that applicant was actively involved in all the transactions of various companies in which the applicant was a Director at the relevant point of time from 2010 to 2013. She is also involved in the offence of money laundering by receiving an amount of ₹ 10 lakh from the company viz. Purple Events in which she was Director up to March, 2013. She was also an authorized signatory of the bank accounts of the said company. 10. Learned Assistant Solicitor General would further submit that FIR being C.R.No.I3 of 2015 is registered with CID Crime, Gandhinagar against the concerned accused wherein the husband of the applicant is also one of the accused. It is alleged that the concerned accused including the husband of the applicant have misappropriated funds to the tune of approximately ₹ 211.94 crores. Based on the said FIR and the charge sheet, the Directorate of Enforcement recorded an ECIR being ECIR/AMZO/02/2017 dated 09.06.2017 against Sanjay Gupta and others as the offence for which FIR is registered against them are scheduled offence under PMLA, for the purpose of investigation under PMLA and initiated a case of money laundering. 11. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord, it is further revealed that against the husband of the applicant viz. Sanjay Gupta and others, FIR being C.R.No.I3 of 2015 is registered with CID Crime, Gandhinagar. It is the case of the respondent No.2 that proceeds of crime of the said FIR are transferred into various accounts of the companies formed by the husband of the applicant and in some of the companies, applicant was Director. It is further revealed during the course of investigation that ₹ 12.62 crores were transferred in the account of Purple Events Ltd. in which applicant was also one of the Directors till 23.03.2013 and thereafter ₹ 10 lakh is transferred in the personal account of the applicant from the account of the said company. Further, as per the affidavit filed by the officer of the respondent No.2, applicant was Promoter and Director of Neesa Infrastructure Ltd., Neesa Foods Ltd. (currently known as Five C Foods Ltd.) and Purple Events Ltd. ₹ 12.12 crore was transferred in the account of Neesa Infrastructure Ltd., whereas ₹ 6.98 crores was transferred in the account of Neesa Foods Ltd. and ₹ 12.62 crore was transferred in the account of Purple Events Ltd. Thus, further inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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