DIRECTORATE OF ENFORCEMENT Vs. RAJIV SAXENA

JUDGEMENT

(1.) An interesting issue, involving the interplay between Section 306, and Section 308, of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr PC", or "the 1973 Cr PC"), arises for consideration in the present case Facts, and the impugned Order

(2.) The Central Bureau of Investigation (CBI) registered RC No. 217-2013A-0003, against the respondent, on 12th March, 2013, alleging commission of offences, by him, punishable under Section 420, read with Section 120B of the Indian Penal Code, 1860 (IPC) and Sections 7, 8, 9, 12 and 13(1)(d), read with Section 13(2) of the Prevention of Corruption Act, 1988. Inasmuch as the allegations, against the respondent (and others arraigned with him) indicated commission of offences under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "the PMLA"), ECIR No. 15/DLZO/2014 was also registered against, inter alia, the respondent, on 3rd July, 2014, by the Directorate of Enforcement (the petitioner herein).

(3.) Given the limited controversy before me, which is purely legal in nature and turns on the interpretation of Sections 306 and 308 of the Cr PC, it is not necessary to allude, to the allegations against the respondent, in any detail. Suffice it to state that an application was filed, by the respondent, under Section 306, Cr PC, for grant of pardon. The said application was allowed, by the learned Special Judge, CBI (hereinafter referred to as "the learned Special Judge"), vide a detailed order, dated 25th March, 2019, the operative para 21, whereof, reads thus: