9911796707
TMI Blog2024 (5) TMI 1346X X X X Extracts X X X X X X X X Extracts X X X X ..... so far, the Chhattisgarh Police have not registered any offence under Section 384 of IPC, nor has any investigation conducted by them, has been brought to the notice of the Enforcement Directorate. Six weeks time granted to the Enforcement Directorate to find out the status of that investigation and place on record the additional affidavit along with the relevant material - he petitioner has already undergone incarceration for about one year and seven months - the petitioner has made out a prima facie strong case for his enlargement on interim bail. The petitioner is directed to be released on interim bail subject to his furnishing bail bonds to the satisfaction of the Special Court, Raipur, Chhattisgarh - Post the matter for further heari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the officials from carrying out their official duties and destroyed crucial incriminating documents and digital evidence about alleged illegal extortion of coal transportation. Pending investigation, offence under Section 384 of IPC was also added on 03.09.2022 in that FIR. 3. It seems that there have been various alleged transactions re: sale and purchase of immovable properties between the above-named Suryakant Tiwari and the petitioner s-Companies. 4. The Central Board and Direct Taxes (CBDT) forwarded the case to the Directorate of Enforcement with respect to the abovementioned FIR, along with a report of the investigation conducted by the Income Tax Department. This led to the registration of the subject crime case by the Directorate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the offence under Section 384 of IPC was the only scheduled offence i.e., predictable offence, whereupon proceedings under the PMLA can be initiated by the Enforcement Directorate. 8. We have heard Mr. Mukul Rohatgi and Mr. Vikas Pahwa, learned senior counsel for the petitioner and Mr. S.V. Raju, learned Additional Solicitor General of India for the Enforcement Directorate and perused the record. 9. What it emerges from the undisputed facts that: (i) As on date there is no predicate offence under Section 384 of IPC or any other provision of IPC against the petitoiner. (ii) The chargesheet has been filed only under Sections 204 and 353 of IPC, and both are not scheduled offences under PMLA. (iii) As regard to the observations made by the Kar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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