SURAJ SATISH CHAVAN Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This Application is filed by Applicant / Accused (Sole Accused) for grant of bail under Sec. 439 of Cr.P.C. read with Sec. 45 of Prevention of Money Laundering Act, 2002 (for short 'PMLA'). Applicant has been arrested and is in jail since 17/1/2024. The designated Special Court by order dtd. 9/9/2024 dismissed the Bail Application preferred by the Applicant. Bail Application is filed in connection with the alleged offence under Sec. 3 of the PMLA which is punishable under Sec. 4 of the said Act. Six volumes of the charge-sheet is filed as compilation by Applicant. Reference to relevant documents is as per the documents appearing in the compilation.

(2.) Briefly stated, prosecution case is that Mumbai police registered FIR on 1/9/2023 on the basis of Complaint filed by Gopal Pandurang Lavne - EOW officer in respect of two specific Work orders issued by the Municipal Corporation of Greater Mumbai (for short 'MCGM') dtd. 14/4/2020 and 17/4/2020 to supply cooked food (khichdi) during the COVID-19 Pandemic lock down period between March 2020 and July 2020 to the Ward Offices for distribution to the citizens. Delay in filing the complaint is prima facie evident. Work order dtd. 14/4/2020 was issued in favour of M/s. Vaishnavi Kitchen (Sahyadri Refreshments) and Work order dtd. 17/4/2020 to M/s. Force One Multi Services for supply of 300 gms of food packet (khichdi) @Rs.33.00 per packet plus GST. MCGM paid Rs.8.64 Crores to M/s. Force One Multi Services and Rs.5.93 Crores to M/s. Vaishnavi Kitchen (M/s. Sahyadri Refreshments) on completion of the above Work orders. Work orders were fully delivered and completed. Sanction of completion and satisfaction was issued by the Standing Committee of MCGM vide Resolution dtd. 10/2/2021. Said sanction is appended on page No.154 of Volume-III. On 23/4/2021, MCGM issued letter of completion and appreciation to M/s. Force One Multi services for completing the Work order.

(3.) Allegation in the complaint filed by Gopal Pandurang Lavne on 1/9/2023 is that both the aforesaid entities illegally gained public money to the tune of Rs.3.64 Crores out of the total money paid by MCGM to them under the twin Work orders which was fraudulently transferred to Applicant's Bank Account in the guise of his salary as an employee of M/s. Force One Multi Services and this led to a total loss of Rs.6.37 Crores of public money. On the basis of this allegation FIR of Scheduled Offence i.e. ECIR is filed on 17/10/2023 in the Special designated Court.