SUKANYA MONDAL Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The Applicant, Sukanya Mondal, a 31 year old lady, has filed the Application for Regular Bailunder 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) in Complaint Case No. 13/2022 filed in ECIR/KLZO/41/2020 dated 25.069.2020 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), againstSh. Satish Kumar, Md. Enamul Haque, Md. Anarul SK, Md. Golam Mustafa, Sh. Sudipto Roy Chowdhary, Sh. George Manjooran [the then DIG, BSF] and other officials of BSF and Indian Customs and unknown others.