High Court of Punjab and HaryanaCRM-M/4160/2016allowed

Avtar Singh @ Tari v. Directorate Of Enforcement & ANR

2016-02-09Ms. Justice Navita Singh,Mr. Justice Sudhir Mittal2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Criminal Misc.No.M-4160 of 2016 Date of Decision: February 09, 2016 Avtar Singh @ Tari ....Petitioner versus Directorate of Enforcement and another .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE RAJ MOHAN SINGH.

--- Present: Mr.Pradeep Virk, Advocate, for the petitioner. Ms.Ranjana Shahi, Advocate, for the respondents. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner seeks his pre-arrest bail in complaint Case No.ECIR/JLZO/02/2013 dated 25.03.2013 filed by the Directorate of Enforcement, Jalandhar under Section 45(1) of the Prevention of Money Laundering Act, 2002. It is an admitted fact that the petitioner was interrogated by the Investigating Officer of the Enforcement Directorate but he was not taken into custody in exercise of powers under Section 19 of the Act. The immovable assets allegedly created with the aid of proceeds of the crime have already been seized/attached. The petitioner's co-accused were also permitted to surrender before the Special Court and furnish bail bonds subject to the conditions imposed in the order dated 01.10.2015 passed in CRM No.M-28452 of 2015 (Gurpreet Kaur @ Gurmeet Kaur versus Niranjan Singh, Assistant Director, Directorate of Enforcement, Government of India).

MOHINDER KUMAR 2016.02.10 11:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-4160 of 2016 [2] The petitioner has already been released on regular bail in the NDPS case as well.

Since conclusion of the case is likely to take time, no purpose would be served by keeping the petitioner in judicial custody at this stage.

For the reasons afore-stated and without expressing any views on merits, this petition is allowed and the petitioner is directed to surrender before the Special Court at Patiala and furnish bail bonds to the satisfaction of that Court subject to compliance of the terms and conditions imposed by this Court vide order dated 16.10.2015 passed in Criminal Misc.No.M-34070 of 2015 (Sundeep Kaur versus Directorate of Enforcement and another) which shall apply mutatis-mutandis in the case of the petitioner also.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE February 09, 2016 [RAJ MOHAN SINGH] mohinder JUDGE MOHINDER KUMAR 2016.02.10 11:39 I attest to the accuracy and authenticity of this document Chandigarh