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Bombay High CourtAPEAL/1040/2025disposed off

Lalit Shyam Tekchandani @ Dr. Lalit Kumar Shyam And ORS v. The Deputy Director Directorate Of Enforcement And ANR

2025-11-11Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak2 pages

1/2 51 APEAL 1040-25 corrected.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1040 of 2025 (corrected as per order dated 16/1/2026) Lalit Shyam Tekchandani and ors ..

Appellants

Versus

The Deputy Director, Directorate of Enforcement and anr ..

Respondents ...

Mr. Ashutosh Singh for the appellant.

Ms. Supriya Kak, APP for the State.

CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ DATED : 11th NOVEMBER, 2025 P.C:- The present Appeal is filed being aggrieved by final order passed by the Appellate Tribunal under SAFEMA on 29/7/2025, thereby disposing of the Appeals which were listed before the Appellate Authority under the caption 'condonation of delay'.

Since the Tribunal has informed that the Fixed Deposit and even seizure of the cash and other documents including the digital devices have now become part of the prosecution complaint, as the prosecution complaint is lodged and therefore, holding that the Special Court has now become custodian of the record, the Appeal has been disposed of Tilak

2/2 51 APEAL 1040-25 corrected.doc without causing interference in the impugned order against which the Appeal is filed, but by reserving liberty in the appellant to seek recall of the order, if any of the material including the Fixed Deposits, cash or documents/digital devices is not relied upon in the prosecution complaint. We find the approach adopted by the Tribunal to be a fair and practical one, as it has disposed of the Appeal without interfering with the impugned order and by reserving the liberty to approach it once again, if the said material do not form part of the prosecution case.

In the wake of the aforesaid, by upholding the order passed, the Appeal is dismissed.

(SHYAM C. CHANDAK,J) (BHARATI DANGRE, J.) Tilak