TMI Blog2021 (10) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel with Mr. Sanjay Vashisth, Advocate ORDER ARVIND SINGH SANGWAN J. (Oral) CRM No.34352 of 2021 Prayer in this application is for preponing the date fixed in the main petition. Heard. For the reasons stated in the application, the same is allowed and the main case is taken up today for hearing. CRM-M No.39104 of 2021 (O M) Prayer in this petition is for setting-aside the order dated 04.08.2021 passed by the Special Judge, PMLA, Chandigarh, in Complaint Case No.2 of 2018 in ECIR/06/CHD/2016 dated 19.09.2016, titled as Assistant Director (PMLA) vs Ashu mehra and others filed under Sections 44 and 45 of the Prevention of Money Laundering Act, 2002, vide which the application filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad and on 10.08.2016, when he was going to Dubai, he was stopped at the Immigration deck of IGI Airport, New Delhi on the basis of the restrictions imposed by the CBI. Counsel for the petitioner has also submitted that the passport of the petitioner was released by the Court on 16.11.2017. It is further argued that the petitioner on an earlier occasion has filed application before the Special Court, CBI to grant permission to travel abroad, which was declined vide order dated 07.02.2019 and the petitioner preferred CRM-M No.7910 of 2019, which was later on withdrawn on 28.07.2021, with liberty to apply fresh before the trial Court. It is further argued that in the intervening period, the Special Court, PMLA, Chandigarh has granted pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... six days and USA for fourteen days. It was further argued that it is the right of the applicant/accused to travel abroad and this right cannot be curtailed. In support of this contention, reliance was placed on the principle laid down by Hon ble Calcutta High Court in case titled Sri Amarendra Nath Ghosh vs. State of West Bengal and another, C.R.R. No.2199 of 2013, decided on 04.12.2013 and Hon ble Punjab Haryana High Court in case titled Ryan Augustine Pinto vs. Central Bureau of Investigation, CRM-M No.55170 of 2018 decided on 22.02.2019. 6. Learned Special Public Prosecutor for the CBI meanwhile argued that the accused is involved in a serious offence amounting to loss of about 300 crores to the Indian Overseas Bank. The applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vitation to visit any company. There is no mention as to where his goods have got stuck and there is nothing which would make the matter clear about the needs of the accused to go abroad. 8. While in his application, the accused has stated that he wants to go abroad to meet various companies with whom he has business dealings to export garments. But in the affidavit of his schedule filed by him on the previous date, it was mentioned by him that he wants to go to USA to inspect the import material comprising of Walnuts, which he wants to export from USA. It seems that the only intention of the accused is to seek permission to go abroad and then try to flee and avoid the trial. It is not disputed that the wife of accused, who is co-acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the charge-sheet has already been presented before the trial Court and upon framing of the charges, the trial is likely to commence soon as it is already delayed for a period of about 05 years. In the charge-sheet there are serious allegations against the petitioner and it is the case of the prosecution that a fraud of ₹ 300/- crores has been committed by the accused in conspiracy with each other. As per the allegations of the charge-sheet, the petitioner Gaurav Kirpal is the Director of M/s. Sai Bhakti Impex Private Limited and proprietor of M/s. Best Exports and is also authorized signatory of M/s. Omkara Worldwide Traders Private Limited and 3 fraudulent buyer's credit were issued showing M/s. Sai Bhakti Impex Private Limite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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