DHARAMVEER BHADORIA Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The petitioner is apprehending his arrest in connection with Complaint Case ECIR/06/PAT/2012/PMLA in which cognizance of offence has been taken under Sec. 3 and under Sec. 4 of the Prevention of Money Laundering Act, 2002 by the Court of Sri A.K. Mishra No. 1, Spl. Judge, P.M.L.Act, Ranchi.

(2.) The case of prospection, in short, is that the complainant-Sri Subodh Kumar, Deputy Director, Directorate of Enforcement, Government of India, lodged the complaint against the M/s. Nav Nirman Builders represent through its partners and Dharamveer Bhadoria, Managing partner and Power of Attorney, holder of M/s. Nav Nirman Builders as well as Director of the M/s. Nav Nirman Builders and Developers Pvt. Ltd. (petitioner) under Sec. 45 of Prevention of Money Laundering Act, 2002 for commission of offence under Sec. 3, Punishable under Sec. 4 of the Prevention of Money Laundering Act, 2002 alleging therein that an FIR No. RC-20-A was registered by the Central Bureau of Investigation, Ranchi on 22/10/2009 for violation of Sec. 120-B read with Ss. 420, 467, 468 and 471 of I.P.C and under Sec. 13(2) read with Sec. 13(1) (d) of Prevention of Corruption Act against Shri Basudeo Tiwary, the then Executive Engineer, R.C.D, Chaibasa, M/s. Nav Nirman Builders, Adityapur, Jamshedpur for criminal conspiracy, cheating forgery of valuable security, forgery for the purpose of cheating, using as genuine, a forged document and criminal misconduct.

(3.) It is alleged in the charge sheet that Shri Basudeo Tiwary, the then Executive Engineer, Road Construction Department (RCD), Chaibasa, during the period 2006-07, entered into criminal conspiracy with M/s. Nav Nirman Builders, the contracting firm M/s. Nav Nirman Builders submitted false/bogus invoices showing procurement of packed bitumen for the execution of the contractual works awarded in its favour, which caused wrongful gain to the contracting firm and corresponding wrongful loss to the Government of Jharkhand. It is further alleged that the accused Shri Basudeo Tiwary, the then Executive Engineer, in strict abuse of his official position, dishonestly and fraudulently certified the bills of the contracting firm for payment of Rs.89,68,966.00 was released to the contractor. Dharamveer Bhadoria (petitioner) during the relevant period, was the Managing Partner and holder of Power of Attorney of firm M/s. Nav Nirman Builders.