SHIV PRIYA Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) Heard Sri I.B. Singh, learned Senior Advocate assisted by Sri Amit Sinha, Sri Aditya Vaibhav Singh and Sri M.G. Khan, learned counsel for the applicant and Sri Rohit Tripathi, learned counsel for the Enforcement Directorate (E.D.).

(2.) As per learned counsel for the applicant, the present applicant (Shiv Priya) is languishing in jail since 3/12/2019 in Sessions Case No.1266 of 2020 arising out of Crime/ ECIR No.06/PMLA/LKZO/ U/s 3/4 of Prevention of Money Laundering Act, 2002, Police Station-ED/Lucknow titled as Assistant Director Enforcement Directorate vs. Ajay Kumar and Ors., pending before the learned Special Judge-PMLA, Lucknow (U.P.).

(3.) As per Sri I.B. Singh, learned Senior Advocate for the applicant, the present applicant happens to be erstwhile Director in Amrapali Group of Companies (here-in-after referred to as "AGC") which was into real estate and allied business in Noida/ Greater Noida, Uttar Pradesh. The role of the present applicant being qualified Civil Engineer by qualification was limited to conceiving Architectural Planning and Engineering thereof and was not involved in financial planning of the Company. The present applicant on account of being Director in Ultra-Home Construction Pvt. Ltd. i.e. flagship company of AGC was drawing salary and was receiving professional fee from other companies on account of rendering professional services related to their project being permissible under law. So many buyers of the said company feeling themselves aggrieved as they have not been provided the flats/ plots despite those buyers deposited their huge amount in the company, as many as 30 F.I.Rs. have been registered against the Directors of the Company including the present applicant under Ss. 406, 420, 409 and 120-B I.P.C. in the year 2018 and the Economic Offences Wing, Delhi Police (in short EOW) has arrested the Directors of the Company including the present applicant. The present applicant was taken into custody by Noida Police on 11/10/2018. The aforesaid arrest was made pursuant to the order of Apex Court passed in Writ Petition (Civil) No.940 of 2017; Bikram Chaterjee vs. Union of India and others to assist / complete the Forensic Auditor's relating to the allegations of the F.I.Rs. On 26/2/2019 EOW, Delhi Police has taken custody of the present applicant.