JIGNESH KISHOREBHAI BHAJIAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Miscellaneous Application is filed by the Applicant/Original Accused under section 439 of the Code of Criminal Procedure, 1973 read with section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "the PML Act") in connection with File No. ECIR/01/STSZO/2016 on the ground stated in the Application.

(2.) The background of the facts briefly summarized in the Application are as follows.

(3.) Respondent No. 2-Directorate of Enforcement, Surat has filed a case being PMLA No. 5 of 2017 on 16.3.2017 for the offence punishable under Sections 3 and 4 of the PML Act. The Income Tax Department, Surat has also registered a case for the offence under the Prevention of Corruption Act as well as under the Indian Penal Code and there is also a case by the Central Bureau of Investigation. Thereafter, the Applicant has been summoned by the Directorate of Enforcement, Surat, on the basis of which huge currency and other documentary evidence were seized by the Income Tax Department, and the Directorate of Enforcement, Surat has registered a case under the PML Act as stated above.