ENFORCEMENT DIRECTORATE Vs. DEBABRATA HALDER

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 12/4/2022 passed by the learned Judge, Special (CBI) Court No.1, Bichar Bhawan, Calcutta and Special Court under the Prevention of Money Laundering Act, 2002 in M.L. Case No. 11 of 2021, arising out of ECIR No.KLZO/03/2018 dtd. 14/3/2018, thereby praying for cancellation of bail of the opposite party namely, Debabrata Halder.

(2.) The genesis of the case relate to ECIR No. KLZO/03/2018 dtd. 14/3/2018 for alleged offence under the provisions of Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PMLA, 2002'). The substance of the accusations in brief are as follows:

(3.) In course of investigation it revealed that the accused Debabrata Halder was involved in the process of laundering of proceeds of crime and as such he was arrested under Sec. 19 of PMLA, 2002 on 17/11/2021 and was produced before the learned Special Court under PMLA, 2002, before the learned Judge, Special (CBI) Court No.1, Bichar Bhawan, Calcutta. The accused/opposite party no.2 was remanded from 17/11/2021on different dates till he was granted bail on 12/4/2022. In meantime on 15/1/2022 the Enforcement Directorate/prosecution filed its final report under Sec. 45 of the PMLA, 2002 against 13 accused persons including the accused Debabrata Halder alleging commission of offence under Sec. 3 of PMLA, 2002 punishable under Sec. 4 of the said Act and the learned Judge by an order dtd. 15/1/2022 was pleased to take cognizance of the offence and issued summons in respect of rest of the accused persons.