NEELU GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for enlarging the applicant in the event of her arrest in connection with the ECIR/AMZO/02/2017 registered with the Enforcement Directorate, Ahmedabad.

(2.) Heard learned Senior Advocate Mr. N.D.Nanavaty assisted by learned advocate Mr. Zahiruddin S. Saiyed for the applicant and learned Assistant Solicitor General Mr. Devang Vyas for respondent No.2 and learned APP Mr. L.B.Dabhi for respondent No.1.

(3.) Learned Senior Advocate for the applicant submitted that on 01.04.2015, FIR being C.R.No.I-?3 of 2015 came to be registered with CID Crime, Gandhinagar Zone Police Station, Gandhinagar for the offence punishable under Section 409 , 418 , 465 , 467 , 468 , 471 , 120B and 114 of the Indian Penal Code as well as under Section 13(1)(c) , (d)(ii) of the Prevention of Corruption Act , 1988. The said FIR is filed against 7 accused. The applicant was not shown or named as an accused in the said FIR nor she was shown even as suspect. Thereafter, on 07.08.2015, CID Crime, Gandhinagar filed charge-?sheet against the arrested accused including the husband of the applicant viz. Mr. Sanjay Raghunath Prasad Gupta. In the charge-?sheet also the applicant is not named. Thereafter, supplementary charge-?sheets were filed against the accused persons. There also the applicant is not shown as an accused. Learned counsel thereafter contended that on 03.12.2019 as well as on 24.12.2019, the applicant came to know that two summons have been issued under Section 50(2) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the PMLA') by the present respondent No.2 in connection with ECIR/AMZO/02/2017 asking the applicant to remain present to tender her statement. Applicant gave reply to the respondent agency vide communication dated 23.12.2019. Thereafter, on 26.12.2019, applicant came to know from the media reports that the respondent investigating agency has attached assets worth Rs.36.12 crores standing in the name of Neesa Group of Companies which includes firms such as Neesa Leisure, Neesa Technologies, Neesa Agritech and Foods. The respondent investigating agency has also provisionally attached the flat situated at Dhananjay Tower, Satellite, which is of the ownership of the applicant.