ANIL TUTEJA Vs. DIRECTOR, DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Since both the anticipatory bail applications arise out of a common offence and crime/ECIR case registered with the Directorate of Enforcement, they are heard and disposed of together.

(2.) The instant are first applications for grant of anticipatory bail to the Applicants. They are apprehending their arrest in connection with Crime/ECIR No.ECIR/RPSZO/01/2019 registered with the Directorate of Enforcement, Raipur (now, as submitted by Learned Assistant Solicitor General, said ECIR case has been transferred to the Directorate of Enforcement, New Delhi) for offence punishable under Sections 3 and 4 of the Prevention of Money- Laundering Act, 2002 ('PMLA' for brevity).

(3.) The case, in brief, is that the Anti Corruption Bureau/Economic Offences Wing (ACB/EOW for short), Raipur had registered First Information Report bearing FIR No.9/2015 dated 12.2.2015 against Shiv Shankar Bhatt and 26 other persons in which both the present Applicants were also roped in for alleged commission of offence punishable under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 and Sections 109 and 120B of the Indian Penal Code in the supplementary charge-sheet filed by the ACB/EOW on 5.12.2019. It is alleged that at the relevant time Applicant Alok Shukla was working as the Chairman and Applicant Anil Tuteja was working as the Managing Director in the Public Distribution Corporation (Nagrik Apurti Nigam (in short 'NAN'). It is further alleged that both the Applicants involved in corruption and criminal conspiracy in which the ACB/EOW raided few offices and residences and amongst other things a pen drive was also seized from possession of Girish Sharma, P.A. to Applicant Anil Tuteja consisting of details of transactions between government officials, whereby it was found that Applicant Anil Tuteja received an amount of Rs.2,21,94,000 and Applicant Alok Shukla received an amount of Rs.1,51,43,000 illegally during the period from 30.5.2014 to 18.2.2015 and 1.7.2014 to 18.2.2015, respectively. Allegedly, during that period, both the Applicants patronized and developed a system of illegal collection of money. The money was collected as bribe by the NAN officials and Quality Inspectors posted in all the districts of the State of Chhattisgarh for procuring poor quality of rice from rice millers. It is alleged that during the Applicants' tenure, lakhs of quintals of poor quality of rice were procured and a system of regular collection of crores of rupees was developed and systematic accounts of district-wise collection were also maintained and inter-districts transportation was done contrary to government orders. Further case of the Respondents is that statements of Girish Sharma and Jeetram Yadav recorded under Section 50 of PMLA reveal that some expenses like airline tickets, taxi payments, hospital payments, forex exchanges, institute/club payments, LIC payments were also made by Girish Sharma on behalf of both the Applicants and it also reveals that both the Applicants had allowed movement of rice against the prevalent guidelines of NAN and they had also unauthorisedly allowed Shiv Shankar Bhatt to put up files relating to transportation of rice, whereas M.N. Prasad Rao was authorised to deal with those files. On 13.3.2020, the Directorate of Enforcement issued summons to the Applicants for production of records. Therefore, apprehending their arrest the Applicants have moved the instant applications for their release on anticipatory bail.