GURPREET SINGH SABHARWAL Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 438 of Cr.P.C. with a prayer to direct the release of the petitioner on pre-arrest bail in a case ECIR/CDZO-II/11/2022 dtd. 18/10/2022 under Ss. 3/4 of the Prevention of Money Laundering Act, 2002 (hereinafter to be referred as the PMLA') filed by the Directorate of Enforcement/respondent (hereinafter to be referred as the ED').

(2.) Learned senior counsel appearing on behalf of the petitioner has vehemently argued that the petitioner is an entrepreneur, belonging to a respectful family and had no criminal antecedents. M/s Tirpuati Roadways, firm of the petitioner participated in an e-auction for obtaining mining contract of mineral mine, namely, Rattewali Block/PKL B-10 for extraction of boulder, gravel and sand having a tentative area of 45.00 hectares against the reserve price of Rs.8,18,00,000.00 and had offered the bid of Rs.11,72,50,000.00 per annum against the said reserve price. The LOI dtd. 16/6/2017 (Annexure P-1) was issued in favour of the firm of the petitioner by the Director, Mines and Geology, Haryana. The firm submitted an online proposal for grant of Terms of Reference (Annexure P-2) with the Ministry of Environment. Finally, on 30/7/2018, the "No Objection Certificate" (Annexure P-3) was granted to the firm of the petitioner by Senior Town Planner, Panchkula. Accordingly, a contract dtd. 4/12/2018 (Annexure P-4) was entered into between the firm of the petitionr and the Director, Mines and Geology Department, Haryana. Finally, the environmental clearance was also granted to the firm on 21/2/2020 (Annexure P-5) for a period of 07 years with specific and standard conditions. The Haryana State Pollution Control Board granted "Consent to Establish" to the firm of the petitioner as per norms fixed by the Board. Learned senior counsel further argued that after completion of the statutory requirements, the work of mining commenced w.e.f. 21/3/2020 in a lawful manner. He further contended that on 11/5/2022, a team of the State Vigilance Bureau, Haryana carried out a surprise check at the mining site and allegedly got excavation of boulder, gravel and sand from the mining site measured in respect of volume by a team of HARSAC, Gurugram. As per the one sided report, it was reported that during the period from 5/5/2022 to 11/5/2022, a total number of 1886 trucks/dumpers were found to have been taken out the excavated material, whereas the bills mentioning GST and royality etc., were issued only for 518 trucks. Further, as per the report received from HARSAC, Gurugram, total volume extracted from the above said mine was 47.66 LTPA, whereas as per the specific conditions of environmental clearance letter issued to the firm of the petitioner, the permissible mining of river bed material was limited to only 8.39 LTPA from an effective mineable area of 24.25 hectare with a maximum mineable depth of 1.33 meters from the original ground level. Thus, it was alleged that the volume of material extracted by the owner of the firm M/s Tirupati Roadways, Rattewali, from the mine was six times more than the permissible limit in a year and a loss of Rs.35.00 crores of revenue had been caused to the Government of Haryana by the owner of the firm.

(3.) Learned senior counsel further vehemently argued that on the basis of such an arbitrary and one sided inquiry, which was prepared without even calling the petitioner or the firm, the Vigilance Bureau registered FIR No. 9 dtd. 28/8/2022 under Ss. 379/414/480 IPC and 4/21 of Mines And Minerals (Development and Regulation) Act, 1987 and 13(2)/13(1)(a) of the Prevention of Corruption Act, 1988 at P.S. SVB Panchkula (Annexure P-10). Learned senior counsel further argued that the gravamen of the accusations levelled in the FIR was that the total volume of material extracted by the owner of the firm M/s Tirupati Roadways, Rattewali, was 5/6 times more than the permissible limit in a year and a huge loss of Rs.35.00 crores has been caused to the Government of Haryana by the said firm. The petitioner received a notice from the Vigilance Bureau and a detailed reply dtd. 10/10/2012 (Annexure P-11) was submitted by him. In the meantime, on the basis of the FIR (Annexure P-10) by treating the offences in the FIR as scheduled offences, ECIR/CDZO-II/11/2022 dtd. 18/10/2022 (Annexure P-13) was registered against M/s Tirupati Roadways, Rattewali and its owners, unknown officials of Mines and Geology Department, Haryana and other accused. Even, in the ECIR, it was shown that volume of material extracted by the accused from the mine at Rattewali village was six times more than the permissible limit in a year and a huge loss of Rs.35.00 crores had been caused to the Government of Haryana.