SEHEGAL HOSSAIN Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) BAIL APPLN. 1663/2024 1. The Applicant has filed this Bail Application under Sec. 439 of Criminal Procedure Code 1973 (hereinafter Cr.P.C.) read with Sec. 45 of the Prevention of Money Laundering Act, 2002 (hereinafter PMLA) for grant of Regular Bail in Complaint Case No. 13/2022 filed in CIR/KLZO/41/2020 dtd. 25/9/2020 registered by the Directorate of Enforcement (hereinafter ED).

(2.) Briefly stated the CBI, ACB, Kolkata registered a Preliminary Enquiry (PE) vide No. PE0102018A0004 dtd. 6/4/2018 against Sh. Satish Kumar, Md. Enamul Haque, Sh. Bhuvan Bhaskar s/o Sh. Satish Kumar and Others. The PE revealed that cattle smuggling was happening from India to Bangladesh by paying illegal gratification to BSF personnel deputed on the Border during 19/12/2015 to 22/4/2017. The CBI alleged that Md. Enamul Haque used to pay Rs.2000.00 per cattle to BSF officials and Rs.500.00 to Customs Officials aside from the 10% of the Auction price from successful bidders like Enamul Haque.

(3.) The CBI, after completion of PE, registered a RC No. RC0102020A0019, dtd. 21/9/2020 for offences under Sec. 120B IPC and Ss. 7, 11, and 12 of the Prevention of Corruption Act, 1988 (PC Act). The Chargesheet under Sec. 173 of Cr.P.C., 1973 was filed before the Special Judge, CBI, Asansol, Paschim Bardhaman, West Bengal on 6/2/2021 against the accused persons, namely, Satish Kumar (the Applicant), Md. Enamula Haque, Md. Anarul SK, Md. Golam Mustafa, Badal Krishna Sanyal, Rasheda Bibi and Tanya Sanyal (2nd wife of Satish Kumar). The Supplementary Chargesheet was filed by the CBI before the Special Judge on 24/2/2021 against the accused persons, namely, Manoj Sana and Vinay Mishra.