SACHIN BALASAHEB SAWANT Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant in the present case was arrested on 27/6/2023 and he is seeking bail, on the basis that despite the rigours of the twin test contemplated under Sec. 45 of the Prevention of Money Laundering Act, 2002 (PMLA), he is entitled to such relief.

(2.) The applicant joined the Indian Revenue Service in the year 2008 and after completing his training, he joined Central Excise Zone on 17/5/2010. Having served in various capacities, including as Deputy Director, Directorate of Enforcement, Mumbai, he was working as Additional Commissioner (Appeals), Lucknow CGST and CX Zone, when FIR dtd. 30/6/2022 was registered by the ACB, Mumbai against the applicant for offences under Ss. 13(2) read with Sec. 13(1)(e) of the Prevention of Corruption Act, 1988 (PC Act) and Sec. 13(2) read with Sec. 13(1)(b) of the PC Act as amended in the year 2018, as also Sec. 109 of the Indian Penal Code, 1860. It was alleged in the FIR that during the check period between 12/1/2011 and 31/8/2020, the applicant had amassed assets disproportionate to his known sources of income, to the extent of about Rs.2.45 crores. Anonymous information was received by the Central Bureau of Investigation (CBI) and on this basis, the ACB, Mumbai caused the FIR to be registered. It is pertinent to note that while investigation was undertaken in pursuance of the FIR, the applicant was never arrested. It is also an admitted position that even the chargesheet has not been filed till date in the said FIR.

(3.) Subsequently, on 13/12/2022, Enforcement Case Information Report (ECIR) bearing No.ECIR/MBZO-I/69/2022 was registered by the Directorate of Enforcement, Mumbai Zonal Unit, Mumbai (ED) i.e. respondent No.1 herein. The aforesaid FIR was treated as the scheduled or the predicate offence and it was recorded that the applicant had illegally amassed assets disproportionate to the tune of 204% of the known and legal sources of his income and that of his family members. On 27/6/2023, the applicant was arrested in connection with the aforesaid ECIR. In August 2023, the respondent No.1 filed complaint under Sec. 45 of the PMLA before the City Civil and Additional Sessions Judge, Greater Bombay (hereinafter referred to as the designated Court). In the said complaint, apart from giving the details of the material found during the course of investigation in connection with the said ECIR, gist of the statements recorded under Sec. 50 of the PMLA was also given. The proceedings are pending before the designated Court.