DIRECTORATE OF ENFORCEMENT Vs. RATUL PURI

JUDGEMENT

(1.) Vide the present petition , the petitioner seeks direction thereby to set aside the order dated 02.12.2019 passed by Ld. Special Judge, PMLA in ECIR/DLZO/15/2014/AD(VM) granting bail to the Respondent and consequentially cancel the same.

(2.) Brief facts of the case are that on 12.02.2013, Ministry of Defence, Govt. of India filed a complaint to CBl, New Delhi for registration of case and to investigate the unethical dealings of M/s Finmeccanica, Italy and payment of kickbacks to influence the contract for procurement of 12 VVIP/VIP Helicopters by Indian Air Force, Ministry of Defence, Govt. of India from M/s Agusta Westland International Limited, UK, a subsidiary of M/s Finmeccanica, Italy. Accordingly, CBl registered a case FIR vide RC No. RC- 217 2013 A 0003 dated 12.03.2013 for commission of offences punishable u/s 120-B r/w 420 of IPC and Sections 7,8,9,12, 13(2) r/w 13(l)(d) of Prevention of Corruption Act, 1988. Since the said offences are scheduled offences under the Prevention of Money Laundering Act (PMLA) and since the case involved generation of proceeds of crime, ECIR DLZO/15/2014/AD(VM) was registered on 03.07.2014 and investigation was initiated by the Petitioner department. On 20.11.2014, a Prosecution Complaint arraying Gautam Khaitan, Ritu Khaitan, Gerosa Carlo Valentino Ferdinand, Haschke Guido Ralph & M/s Aeromatrix Info Solutions Pvt. Ltd. accused for commission of offences u/s 3, punishable u/s 4 of PMLA 2002 was filed and cognizance was taken by the Ld. Special Judge. On 10.06.2016, 1st supplementary complaint was filed wherein Christian Michel James, Media Exim Pvt. Ltd., R.K. Nanda and J.B. Subramanian were arrayed as Accused for money laundering and the Ld. Special Judge was pleased to issue process against the Accused on 30.11.2016, while further investigation in the instant case continued.

(3.) Thereafter, on 13.09.2017 2nd Supplementary complaint arraying Shivani Rajiv Saxena, Matrix Holding Pvt. Ltd. and UHY Saxena Dubai as Accused for the offence of money laundering was filed. Thereafter, after considering the material available on record and the submissions of the Petitioner, the Ld. Special Judge was pleased to issue process against the Accused on 19.09.2017 and investigation in the instant case continued.