DIRECTORATE OF ENFORECEMENT Vs. GAGANDEEP SINGH

JUDGEMENT

(1.) The instant criminal revision petition has been filed by the Petitioner under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973, (hereinafter "Cr.P.C. ") and Sec. 47 of the Prevention of Money Laundering Act, 2002 (hereinafter "PMLA ") seeking setting aside of Order dtd. 15/5/2017, passed by the learned Special Judge, New Delhi District, Patiala House Courts, in CC No. 158/2014 titled as "Enforcement Directorate vs Gagandeep Singh and Ors ", whereby all the accused persons were discharged on the ground that no prima facie case was made out against them.

(2.) It is the background of the case that criminal proceedings under PMLA were initiated against Respondents by the Petitioner on the basis of independent intelligence gathered by them regarding money laundering activities. An FIR bearing No. 29/2011 under Sec. 21/25/29/61 of the Narcotic Drugs and Psychotropic Substance Act, 1985, (hereinafter "NDPS Act ") and 420/468/471/120B of the Indian Penal Code, 1860 (hereinafter "IPC ") was registered by the State Special Operation Cell, Amritsar against the Respondents alongwith other accused, and a Mutual Assistance Request (MAR) Note Verbale No. 458/2014 dtd. 27/8/2014 (Letter of Request), was also issued by the Australian Competent Authority regarding the involvement of the Respondents in criminal activities that constitute offences under Part A and Part C of the schedule to PMLA, based on which, on 24/9/2014, the Directorate of Enforcement (hereinafter "ED ") initiated criminal proceedings under the PMLA against the Respondents.

(3.) In the said FIR, dtd. 6/12/2011, one Mukhtiar Singh and Swaran Singh were accused for being found in possession of 3 kilograms of Heroin and 1 kilogram of Heroin respectively. Subsequently, the present Respondents No. 1 and 2 were also arraigned as accused in the FIR on the statement of the co-accused Mukhtiar Singh and Sukhwant Singh, however, no recovery of contraband was made from the Respondents herein. Thereafter, learned Judge, Special Court, Amritsar took cognizance and Chargesheet was filed against all accused, including Respondent No. 1 and 2. Vide Order dtd. 6/12/2011, Respondent No. 1- Gagandeep Singh was charged, under Sec. 420 of the IPC for cheating Gurcharan Singh by way of inducing him to get issued mobile number 9781553753 on fake documents, under Sec. 468 of the IPC for forging certain other documents with the intention of using them to cheat and under Sec. 471 of the IPC for fraudulently using a genuine document that he knew to be forged, and Respondent No. 2-Paramdeep Singh was charged under Sec. 25 of the NDPS Act for knowingly using an Indica Car, bearing No. PB 02 BQ 8414, as conveyance for permitting it for the commission of the offence, from which Rs.15.00 lakhs were recovered.