JOINT DIRECTOR, DIRECTORATE OF ENFORCEMENT Vs. A.RAJA

JUDGEMENT

(1.) CRL.M.A. 10885/2020 and Crl.M.A. 12520/2020 ( both u/s 482 Cr.P.C.)

(2.) The pleas raised in these applications are almost similar and therefore, these applications are being disposed of by this common order.

(3.) At the hearing, while addressing his submissions in Crl.M.A. 10885/2020, Mr. Vijay Aggarwal, learned counsel appearing for the applicants submitted, that in FIR bearing No. RC DAI 2009 A 0045, registered on 21st October, 2009, by the Central Bureau of Investigation for the offences under Sections 120-B of IPC and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988 ("PC Act"), the present applicants i.e. respondent No.17- M/s Conwood Construction and Developers (P) Ltd. and respondent No.15/ M/s Dynamix Realty were not named. However, based on the allegations of CBI, the Enforcement Directorate (henceforth referred to as the "ED") registered a case No. ECIR/31/DZ/2010 under the provisions of Prevention of Money Laundering Act, 2002 (PMLA) and it was alleged that the present applicants with other accused were intentionally aiding and facilitating the payment of alleged quid pro-quo of Rs.200 crores as a reward for alleged undue favours shown to company- M/s Swan Telecom Pvt. Limited. After registration of ECIR, the ED by way of a provisional attachment order No. 01/2011, dated 30th August, 2011 attached the properties worth Rs.223.55 crores under the provisions of PMLA and the said attachment was confirmed by the adjudicating authority on 10th January, 2012 alleging that the monies returned to M/s Dynamix Realty constitute "proceeds of crime" and hence, come under the purview of the PMLA.