SUDIP AHLUWALIA,J. - (1.) This is a petition for anticipatory bail u/s 438 of Cr.P.C. in third supplementary complaint No. 1 of 22-1-2016 in case ECIR No. 2/JLZO/2013, Police Station Directorate of Enforcement, under Section 4 read with Section 45(1) of the Prevention of Money Laundering (PML) Act, 2002 titled as 'Assistant Director, Directorate of Enforcement v. Davinder Singh Nirwal & Ors'.
(2.) The petitioner claims to have been falsely implicated by the officials of the Punjab Police in two different NDPS cases i.e. (i) FIR No. 241, dated 7-12-2013, Police Station Sadar, Patiala, u/ss. 21, 22 and 25A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and Sections 379, 411, 420, 465, 468, 471 and 120B IPC; and (ii) FIR No. 50, dated 3-4-2013, Police Station Urban Estate, Patiala, under Sections 18, 21 and 22 of the NDPS Act and Section 25 of the Arms Act. He was granted bail in both those cases earlier by this Court in CRM-M-24317 of 2014 and CRM-M-3593 of 2015, vide orders dated 6-10-2014 and 23-2-2015 respectively. Now, he claims to have been falsely implicated in the present complaint case for the alleged offence u/s 4 read with Section 45(1) of the PML Act. He further claims to have already been subjected to interrogation on 5-8-2014, while in judicial custody in the previous two NDPS cases, on which date, he was allegedly coerced to give a self implicating confessional statement under illegal and undue pressure exerted on behalf of the complainant/Enforcement Directorate.
(3.) The bail petition has been opposed on behalf of the complainant/respondent, who has filed its reply, in which, it has been mentioned inter alia - "Investigation conducted has revealed that Ajay Jain was involved in drug trafficking along with Chunni Lal Gaba, Gurjit Kumar Gaba, Suresh Kumar @ Mehnga Ram and Varinder Singh @ Raja and acquired/generated proceeds of crime totaling to Rs. 70,00,000/-. He purchased pseudoephedrine worth Rs. 68,00,000/- in 2012 and sold this consignment to Suresh Kumar @ Mehnga Ram for an amount of Rs. 70,00,000/- and thus acquired proceeds of crime to the tune of Rs. 70,00,000/-. Police Authorities had seized 2 kg. Pseudoephedrine and 300 gms. intoxicant powder from him. He owns flat No. C-35, Plot No. 27/1, Ahinsa Vihar, Sector-9, Rohini, Delhi and proceeds of crime of Rs. 70,00,000/- (Rs. 2,00,000/- received as profit and an amount of Rs. 68,00,000/- which was involved in purchasing the consignment of pseudoephedrine weighing 100 kgs.) have been attached from the aforesaid immovable property of Shri Ajay Jain of value to the extent of Rs. 70,00,000/- in view of the provisions of Section 2(u) of PMLA, 2002. It is pertinent to mention here that the value of the property to the extent of Rs. 70,00,000/- which are proceeds of crime have been attached under Section 5 of the PML Act, 2002 vide Provisional Attachment Order No. 4/2015 dated 17-12-2015 and subsequently Original Complaint No. 542/2016 dated 11-1-2016 has been filed before the Adjudicating Authority, PMLA, New Delhi for confirmation of the same. The Adjudicating Authority (PMLA), New Delhi has confirmed the Provisional Attachment Order vide order dated 10-6-2016 in Original Complaint No. 542/2016." ;