TMI Blog2021 (9) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfaction of learned Metropolitan Sessions Judge-cum-Additional District and Sessions Judge-cum-Special Judge for Trial of Prevention of Money Laundering Act, Visakhapatnam. On such release, the petitioner shall not leave the country and shall not tamper with evidence and influence the witnesses - Post this matter on 05.10.2021. - Criminal Petition No. 4430 of 2021 - - - Dated:- 7-9-2021 - Hon ble Smt. Justice Lalitha Kanneganti For the Petitioner : Gnani Vivek Karra For the Respondent : Josyula Bhaskara Rao (SC For ED) ORDER:- This petition is filed under Sections 437 and 439 of Criminal Procedure Code, 1973 (for short Cr.P.C. ) seeking regular bail to the petitioner in connection with ECIR/VSKZO/03/2017 registered by Enforcement Directorate, Visakhapatnam registered for the offence under Section 3 r/w 4 of Prevention of Money Laundering Act, 2002 (for short PMLA Act ). 2. The facts stated in the petition, in brief, are that on 11.05.2017 basing on the report of Income Tax Office, Investigation, Unit-III, Visakhapatnam, the Station House Officer, MVP Police Station, Visakhapatnam registered F.I.R No.181 of 2017 for the offences punishable under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection with detention order issued by the Joint Director, COFEPOSA and the petitioner is in Central Jail No.7, Tihar, New Delhi as a preventive detention detenue. The Enforcement Directorate officials visited the Central Jail No.7, examined the petitioner from 16.03.2020 to 19.03.2020 and recorded the statement of petitioner in terms of Section 50 of PMLA Act. P.T. Warrant was issued on 27.04.2020 and the petitioner was produced before the Court below and remanded in this case on 03.09.2020. The petitioner s custody was given to Enforcement Directorate for 5 days. It is further stated that the petitioner filed Crl.M.P.No.1301 of 2020 on the file of Metropolitan Sessions Judge-cum-I Additional District Sessions Judge, Visakhapatnam, seeking regular bail, but the same was dismissed on 11.11.2020. Again the petitioner filed Crl.M.P.No.1673 of 2020 before the Metropolitan Sessions Judge-cum-I Additional District Sessions Judge-cum- Special Judge for Trial of PMLA, Visakhapatnam, but the same was also dismissed on 28.12.2020. It is further stated that petitioner also approached the Hon ble Supreme Court by filing W.P. (Crl.) No.18 of 2021 seeking declaration that reading of tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty and for smuggling goods. Petitioner was detained under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA ) in the past and he is currently under detention under COFEPOSA in Tihar Jail. It is stated that from the information obtained from the officials of DRI that using several firms in Nepal, the petitioner was making imports through India into Nepal via Customs Transit Declaration (CTD) Scheme and he was smuggling high value undeclared goods into India in those containers without paying customs duty and he was making payments to the overseas sellers of those smuggles goods. It is also stated that documents retrieved by forensic analysis revealed that the computer of the petitioner contained statements of various bank accounts of several firms showing banking transactions with companied operated by Vaddi Mahesh viz., M/s Meghana Softech Pvt. Ltd. and M/s Kaustav Exports and Imports Pvt. Ltd. It is stated that funds transferred to the above said companies in Singapore and Hongkong were further transferred to other companies in Singapore and Hongkong viz., M/s Swiss Fox Pvt. Ltd., Singapore, M/s Wow Deals Pvt. Ltd., Singapore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.05.2020 till date i.e. he has been in prison for more than 360 days. He submits that prosecution cannot have any apprehension that the petitioner may abscond, if he is released on bail. It is submitted that on 09.09.2019 petitioner himself voluntarily surrendered before the Court and submitted himself to the jurisdiction of the Court. 7. Learned senior counsel submits that the petitioner is a senior citizen and he has been suffering from various aged related ailments including Bronchial Asthma, Hyperlipidemia with Coronary Artery Disease, hypertension, uncontrolled diabetes mellitus, essential hypertension, Severe Osteoarthritis Bilateral Knee Joints, Grade-2 internal hemorrhoids with bleeding per rectum, anxiety neurosis, vertigo with Syncopal Attack and Cervical Spondylitis with Radiculopathy, as such his case may be considered for grant of bail. 8. Per contra, Sri Josyula Bhaskara Rao, learned Standing Counsel for Enforcement Directorate has strenuously opposed bail and would submit that petitioner who is the main accused and beneficiary of the proceeds of crime, has settled in Singapore and most of the proceeds of crime has been layered and parked in Singapore and Hongk ..... X X X X Extracts X X X X X X X X Extracts X X X X
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