Sukhrj Singh @ Raja v. Assistant Director, Directorate Of Enforcement Govt.Of India, The Mirage Jalandhar

CRM-M-24566-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24566-2017 Date of Decision: August 31, 2017 Sukhraj Singh alias Raja .....Petitioner

Versus

Assistant Director, Directorate of Enforcement ......Respondent CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDHIR MITTAL 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.Anmol Rattan Sidhu,Sr.Advocate with Mr.Vishal Deep Goyal, Advocate for the petitioner.

Ms.Ranjana Shahi, Advocate for the respondent.

........

SURYA KANT, J.

This is the second petition filed by the petitioner under Section 439 Cr.P.C. for grant of regular bail in Complaint Case No.03/2016 dated 27.04.2016, under Section 45(1) of the Prevention of Money Laundering Act, 2002. The complaint has been filed by the Enforcement Directorate at Jalandhar.

[2] The petitioner is a Canadian citizen. Allegations are that he is close associate of Jagdish Singh @ Bhola, who has been supplying drugs to Canada through the petitioner. The petitioner is alleged to have collected proceeds of those drugs in Canada and sent the same to Jagdish Singh @ Bhola in India through Hawala transactions. The petitioner is said to have admitted of sending Rs.5.00 crores during the period from 2007-2013 which was the earning from illicit drugs. Out of the said proceeds of crime, the Meenu 2017.09.05 16:06 I attest to the accuracy and authenticity of this document chandigarh petitioner also purchased three acres of agricultural land in the name of his

CRM-M-24566-2017 -2brother Jaswinder Singh, who is also residing in Canada. The entire sale consideration for the purchase of said land, amounting to more than Rs.1.00 crore, was paid in cash by Jagdish Singh @ Bhola, who appeared on behalf of the purchaser in Tehsildar's Office at the time of registration of the saledeed. [3] The written statement filed by the Enforcement Directorate, opposing the prayer in this petition, reveals that prima facie there is overwhelming evidence to connect the petitioner with the sale of illicit drugs in Canada on behalf of Jagdish Singh @ Bhola and transfer of the sale proceeds in India through Hawala transactions. The petitioner also got a share out of such proceeds of crime which he spent in purchasing immovable property.

In this view of the matter, it is difficult for this Court to satisfy or believe that the petitioner is not guilty of the alleged offence or that he is not likely to commit any offence while on bail. It may be mentioned that the petitioner is involved in more than one case under Narcotics Drugs and Psychotropic Substances Act, 1985. There is every likelihood of his fleeing from the law as he is a Canadian citizen. Taking in consideration the facts and circumstances of the case, we are not inclined to grant him bail, at this stage.

[4] Dismissed.

( SURYA KANT ) JUDGE August 31, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.09.05 16:06 I attest to the accuracy and authenticity of this document chandigarh