GAUTAM KHAITAN Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) By this application filed under Section 439 read with Section 482 of Cr.P.C., the petitioner is seeking bail in ECIR No.DLZO/15/2014/AD(VM)/CBI/ACU-V/NEW DELHI under Section 120B read with Section 420 of IPC and Sections 7/8/9/12/13(2) read with Section 13(1)(d) of PC Act, 1988 (hereinafter referred to as "PC Act") read with Sections 3 and 4 of Prevention of Money Laundering Act, 2002 (for short, "PMLA") registered by the Enforcement Department, New Delhi on 03.07.2014.

(2.) The facts of the case as borne out from Enforcement Case Information Report (for short, "ECIR") are that on 08.02.2010 Ministry of Defence, Government of India signed a Contract No. Air (HQ)/S 96062/6/ASI with M/s. Agustawestland International Ltd. (hereinafter referred to as "AWIL") for the supply of 12 AW 101 VVIP/VIP Helicopters with Associated Engineering Package at an aggregated price of Euro 556.262 million (Rs.3726.96 crores @ Rs.67 per Euro). M/s. Agustawestland started paying kickbacks to Mr. Haschke and Mr. Gerosa under the guise of several consultancy contracts executed between M/s. Agustawestland S.P.A. and M/s. Gordian Services Sarl, Tunisia. M/s. Agustawestland S.P.A. in one such contract also agreed to appoint M/s. Gordian Services Sarl as consultant in the matter of 12 VVIP Helicopters, if the deal with MoD, India was sealed. Subsequently, Mr. Giuseppe Orsi, CEO, M/s. Finmeccania, Italy and Mr. Bruno Spagnolini, CEO, M/s. Agustawestland, UK apparently with the purpose to pump these amounts in India and abroad, signed engineering contracts with IDS Infotech, India and IDS Tunisia which were established with the main purpose of providing illegal gratification to the concerned public officials and the intermediaries. Agustawestland paid kickbacks worth Euro 51 million out of which Mr. Christian Michael James (a British citizen) was allegedly paid Euro 30 million and the remaining amount was paid to Mr. Guido Ralp Haschke and Mr. Carlo Gerosa.

(3.) For facilitating the aforesaid transfer of kickbacks Mr. Gautam Khaitan (the present petitioner), Legal Advisor of M/s. IDS Infotech, India introduced Mr. Haschke and Mr. Gerosa to Mr. Satish Bagrodia and Mr. Pratap K. Agarwal, Chairman and Managing Director respectively of IDS Infotech Ltd., India. This firm received an amount of approximately Euro 2.166 million from Agustawestland during the period November, 2007 to April, 2010. Subsequently, IDS Tunisia was incorporated as 100% subsidiary of IDS Infotech, India, however the Indian company sold the Tunisian company to Mr Haschke and Mr Gerosa, after a few months of its incorporation. Thereafter, the business of M/s IDS Infotech, India was transferred to M/s Aeromatrix which was incorporated in Delhi vide a business transfer agreement (BTA) and Mr. Haschke and Mr. Gerosa along with Mr. Gautam Khaitan were appointed as its Directors. Besides the above, Mr. Praveen Bakshi was appointed as the CEO (Chief Executive Officer) in this company who allegedly has an important role in channelizing money for illegal gratification. Mr. Haschke and Mr. Gerosa along with Mr. Gautam Khaitan were also shareholders in M/s Aeromatrix through their company IDS Mauritius, and they brought money through this company by way of fictitious/over invoices.