Ram Singh vs Directorate Of Enforcement

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The petitioner filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 45 of the Prevention of Money Laundering Act, 2002 seeking anticipatory bail in connection with ECIR No. ECIR/HIU-I/138/2025 registered by the Directorate of Enforcement for offences punishable under Sections 3 and 4 of the PMLA. The ECIR was registered on the basis of multiple predicate FIRs involving allegations of cheating, inducement, fraudulent transactions relating to SARFAESI properties and forged documents, with the primary accused being one Mohit Gogia.

The petitioner contended that he was not named in any of the predicate FIRs at the stage of their registration and that his implication surfaced only during the course of investigation. It was further urged that the petitioner is engaged in the finance business and that mere transfer or receipt of funds through his accounts or those of his firm, in the ordinary course of business, cannot establish that such funds constituted 'proceeds of crime' or that he knowingly participated in any money laundering activity within the meaning of Section 3 of the PMLA. The petitioner also highlighted that his wife, who was arrested in the same ECIR, had already been enlarged on regular bail by the District and Sessions Judge.

The Directorate of Enforcement opposed the application, having previously sought non-bailable warrants against the petitioner and his son during the pendency of an earlier anticipatory bail application before the Sessions Court, which was withdrawn with liberty. The matter was heard on the merits of the twin conditions under Section 45 of the PMLA governing grant of bail in money laundering cases.

Catchwords: anticipatory bail Prevention of Money Laundering Act proceeds of crime scheduled offence SARFAESI properties cheating forged documents Directorate of Enforcement ECIR twin conditions Section 3 PMLA Section 4 PMLA Section 19 PMLA Section 45 PMLA Section 50 PMLA BNSS Section 482 custodial remand knowledge and participation money laundering