SEEMA GARG Vs. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The petitioner seeks grant of anticipatory bail in a complaint i.e. COMA/15/2017 dtd. 22/12/2017 (Annexure P-3) instituted by Enforcement Directorate, wherein a supplementary compaint (Annexure P-6) has been filed against the petitioner and others for offence under Sec. 3 punishable under sec. 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to, in short, as "PMLA 2002").

(2.) The allegations, in nutshell, are to the effect that M/s Jaldhara Exports, Ludhiana had shown export of ready-made garments to the tune of Rs.33.36 crores to Bangladesh during the financial year 2012-13 and on the said basis had claimed a VAT refund of approximately Rs.1.56 crores from Government but upon inquiry by custom authorities, it was found that all the bills produced by the firm regarding export of garments etc. were forged and fabricated. In other words, the VAT refund of approximately Rs.1.56 crores had been claimed solely on the basis of forged and fabricated documents and the said firm had never exported any garments worth Rs.33.36 crores, as claimed to have been exported. On the basis of the aforesaid allegations, one FIR i.e. FIR No. 126 dtd. 26/7/2013 was instituted at Police Station Division No. 5, Civil Lines, Ludhiana for offences under Ss. 177, 420, 465, 467, 468 and 471 IPC against Raman Kumar Garg, Proprietor of M/s Jaldhara Exports, Ludhiana and upon conclusion of investigation, a challan was filed against the said accused.

(3.) The accused, after receiving VAT refund of Rs.1,56,76,160.00 in the account of M/s Jaldhara Exports, Ludhiana, transferred the same through RTGS in the following accounts :-