AJAY JAIN Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This is a petition for anticipatory bail u/s 438 of Cr.P.C. in third supplementary complaint No. 1 of 22-1-2016 in case ECIR No. 2/JLZO/2013, Police Station Directorate of Enforcement, under Section 4 read with Section 45(1) of the Prevention of Money Laundering (PML) Act, 2002 titled as 'Assistant Director, Directorate of Enforcement v. Davinder Singh Nirwal & Ors'.

(2.) The petitioner claims to have been falsely implicated by the officials of the Punjab Police in two different NDPS cases i.e. (i) FIR No. 241, dated 7-12-2013, Police Station Sadar, Patiala, u/ss. 21, 22 and 25A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and Sections 379, 411, 420, 465, 468, 471 and 120B IPC; and (ii) FIR No. 50, dated 3-4-2013, Police Station Urban Estate, Patiala, under Sections 18, 21 and 22 of the NDPS Act and Section 25 of the Arms Act. He was granted bail in both those cases earlier by this Court in CRM-M-24317 of 2014 and CRM-M-3593 of 2015, vide orders dated 6-10-2014 and 23-2-2015 respectively. Now, he claims to have been falsely implicated in the present complaint case for the alleged offence u/s 4 read with Section 45(1) of the PML Act. He further claims to have already been subjected to interrogation on 5-8-2014, while in judicial custody in the previous two NDPS cases, on which date, he was allegedly coerced to give a self implicating confessional statement under illegal and undue pressure exerted on behalf of the complainant/Enforcement Directorate.

(3.) The bail petition has been opposed on behalf of the complainant/respondent, who has filed its reply, in which, it has been mentioned inter alia -