Surya Kant, J. - (1.) This order shall dispose of CRM -M -32721 of 2015 and CRM -M -32162 of 2015 as the point in issue involved is similar in nature. Facts are being extracted from CRM -M -32721 of 2015.
(2.) The petitioner seeks quashing of order dated 21.7.2015 passed by the Designated Court under the Prevention of Money Laundering Act, 2002 (for short 'the 2002 Act') whereby the Special Court after forming a prima facie opinion that an offence under Sec. 3 punishable under Sec. 4 of the 2002 Act was made out, has summoned the petitioner through warrants of arrest.
(3.) The aforementioned order has been passed by the Special Judge in a complaint filed under Sec. 45 (1) of the 2002 Act by the Directorate of Enforcement against the petitioner, his father and mother. From the contents of the complaint, it is revealed that various FIRs have been registered by the Punjab Police and other State Police under the provisions of the NDPS Act and recoveries were effected during the investigation of those cases. It emerged out during investigation that the petitioner's father (Ranjit Singh Kandola) is involved in multiple drug trafficking cases and has allegedly amassed innumerable moveable and immoveable assets through proceeds of the crime without having any known source of income. According to the Enforcement Directorate, the petitioner and his parents are not income tax payees yet immoveable properties worth crores of rupees at different places in the State of Punjab, including a hotel in Ropar and a residential house in DLF Phase -I, Gurgaon stand in the name of the family. In addition, high -end luxurious SUV/cars like (i) two Range Rovers, (ii) one Mercedes (iii) one BMW and (iv) One Honda City are also owned by them. There are bank transactions of crores of rupees and a huge amount of cash is also lying parked in some of their bank accounts. Father of the petitioner is found to have visited countries like U.S.A., U.K., Canada, Europe, Middle East, Australia and Zimbabwe. It is interesting to note that with a view to avoid requirement of PAN Card number, most of the cash transactions are of Rs. 49,900/ - i.e. below Rs. 50,000/ -. The Enforcement Directorate has alleged that the petitioner or his family members did not file any income tax return; have no PAN number and the immoveable properties owned by them by making payments in cash are thus the proceeds of crime derived from trafficking and dealing in drugs.;