AVTAR SINGH Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) The present bail applications have been preferred on behalf of the petitioner under Sec. 439 Cr.P.C. for the grant of regular bail in the case bearing No. ECIR/09/DLZO/2014 recorded by the Enforcement Directorate, under Ss. 3 and 4 of PMLA Act, 2002 in the case titled Enforcement Directorate vs. A. Vennugopal Reddy and Ors.

(2.) Learned counsel for the petitioner has submitted that the complaint was filed by the ED in the present case before the learned Special Judge without the arrest. However, it has been submitted that after the filing of the complaint, production warrants were issued by the learned Special Court and on account of production warrants, the accused persons are not being released. In this regard, learned counsel for the petitioner relies upon an order of this Court dtd. 25/11/2022 in the Bail APPLN. 559/2022 titled as Rana Kapoor v. ED.

(3.) He submits that even otherwise rigour of Sec. 45 of the PMLA Act will not be applicable as the alleged laundered amount is much less than Rs.1.00 Cores. Learned counsel submits that both the petitioners have been in custody for predicate offences for more than the last 9 years and that now they have been admitted to bail in predicate offences but are not being released on account of production warrants issued in this case.