SHAHID MALIK Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the order dtd. 15/2/2022 (Annexure P-7) declaring the petitioner as a proclaimed offender in complaint case No.1 of 2018 dtd. 20/11/2018 titled as Directorate of Enforcement Versus Athar Sayeed and others registered under Sec. 45 Prevention of Money Laundering Act, 2002, pending before the learned Special Judge, Jalandhar (designated under The Prevention of Money Laundering Act).

(2.) The brief facts of the case are that the State Special Operation Cell (SSOC), Amritsar recovered Indian currency of Rs.17,00,000.00 and 500 gram heroin from one Athar Sayeed and registered an FIR No.02 dtd. 27/3/2016 under Ss. 27, 29, 61, 85 of Narcotics Drugs and Psychotropic Substances Act, 1985. A charge-sheet has been filed in the FIR by the SSOC on 30/7/2016. On the basis of said FIR, the Directorate of Enforcement, Jalandhar Zonal Office recorded a case No.ECR/02/JLZO/ 2016 on 31/3/2016 as Ss. 21 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 are scheduled offences under the Prevention of Money Laundering Act, 2002. The investigation revealed that the amount of Rs.17,00,000.00 seized by the Police from the possession of Athar Sayeed pertained to illegal drug related transactions. Investigation also revealed that Athar Sayeed was indulging in drug trafficking in Punjab following the directions of Shahid Malik @ Shahid Chuha (the petitioner) for payment, whereas Sukhchain Singh indulged in smuggling of heroin and also had made payments of money generated from drug smuggling to Athar Sayeed on the instruction of one Lala, a smuggler. Investigations also revealed that Athar Sayeed used to traffic in drugs on the instructions of Shahid Malik @ Shahid Chuha and also used to hand over all payments received from drug smuggling to Shahid Malik @ Shahid Chuha. Thus, Rs.17,00,000.00 seized from the possession of Athar Sayeed son of Ahmad Sayeed was found to be generated through illegal drug trafficking activities and represents the proceeds of crime. Prosecution complaint under Sec. 45 of PMLA, Act 2002 against Athar Sayeed, Shahid Malik @ Shahid Chuha and Sukhchain Singh was filed before the Hon'ble Court on 20/11/2018.

(3.) The learned counsel for the petitioner contends that the petitioner could not said to be an absconder as after the dismissal of his application on 18/5/2020 (Annexure P-2), he had filed an anticipatory bail before this Court, which was pending consideration. As there was no interim protection therefore, the petitioner was unable to join proceedings before the learned Special Court, Jalandhar apprehending his arrest.