AMRIT PAL SINGH Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This is an application for grant of anticipatory bail under Sec. 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 on behalf of the applicant, Amrit Pal Singh in ECIR No. ECIR/DLZO-II/24/2022, under Sec. 3 and 4 of the Prevention of Money Laundering Act, 2002.

(2.) The Applicant, Shri Amrit Pal Singh, a resident of Hong Kong for the past 17 years, is the Director of M/s. Broway Group Ltd. His company has been arrayed as Accused No.8 in the first supplementary complaint dtd. 31/1/2023 filed by the Directorate of Enforcement under Ss. 44 and 45 of the Prevention of Money Laundering Act, 2002 (PMLA), alleging commission of offence under Sec. 3, punishable under Sec. 4, read with Sec. 70 of the PMLA. The complaint alleges that his company received a sum of Rs.20.75 Crores from M/s Mizta Tradex Pvt. Ltd., an Indian entity, purportedly for the import of Photosensitive Semiconductor Devices. The Applicant contends that the transaction was a bona fide business dealing duly supported by documentary evidence, including invoices, airway bills, bill of entry, and remittance records bearing purpose code S0102 (payment for imports).

(3.) The complaint stems from an FIR registered by EOW, Delhi Police, against various entities, including M/s. Kinzal Freight Forwarding Pvt. Ltd., for forging Form 15CBs and allegedly facilitating illegal remittance of over Rs.300.00 Crores outside India. It is the Applicant's case that he was neither named in the predicate offence nor aware of any illegality in the remittances made to his company. Despite this, his company was named in the supplementary PMLA complaint, and he was not served with any notice or summons prior to being arraigned as an accused. The Directorate of Enforcement allegedly failed to take proper steps for service through the Ministry of Home Affairs and failed to attach requisite documents for service in Hong Kong, as per protocol. When the Applicant travelled to India on 27/1/2025 to attend to his ailing father, he was intercepted at Amritsar Airport due to a Look Out Circular issued by the Enforcement Directorate.