LAWS(KAR)-2017-7-21

SRI. S C JAYACHANDRA Vs. ENFORCEMENT DIRECTORATE

Decided On July 11, 2017
Sri. S C Jayachandra Appellant
V/S
ENFORCEMENT DIRECTORATE Respondents

JUDGEMENT

(1.) Based on the predicate offence registered by the CBI/ACB/BLR against this petitioner in RC 23(A)/2016, the respondent-Enforcement Directorate (for short 'E.D') initiated proceedings against this petitioner before the Special Court under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short 'PMLA') in ECIR NO.BGZO/13/2016. The scheduled offences alleged are under sections 120-B, 420, 471 of IPC and sections 13(2) r/w section 13(1)(c) and 13(1)(d) of Prevention of Corruption Act, 1988. On the basis of the same, petitioner was arrested on 5.12.2016.

(2.) On completion of investigation, the complaint is filed and the Special Court has taken cognizance against the petitioner and three others.

(3.) As per the submission at the bar, other than the petitioner, six others were implicated in the FIR; barring Sri.Prashanth Govindraju whose name was shown in the FIR, the other accused who were on bail are left out and two of the family members of the petitioner are arraigned as accused in the complaint. Predicate offence i.e. Section 13(d) of the Prevention of Corruption Act since punishable with maximum punishment of seven years imprisonment and he is in judicial custody for more than a year, petitioner may be enlarged on bail. He is a Class-I Officer of the State and would abide by any condition that may be imposed on him.