Order 18

Order Details: COPY OF ORDER
Pdf Text: 1
CT No. 21/2023
Directorate of Enforcement vs M/s Raj Fibres Pvt Ltd & Ors.
ECIR no. ECIR/DLZO/302/2009
02.05.2024
Present : Sh. Arun Khatri, Spl. PP for ED alongwith Sh. Sahil
Khurana & Ms. Shreya Lamber, advocates.
> Accused Kamal Singhal (A-3), Neeraj Singhal
(A-4) who are also the Directors of Raj Fibres Pvt.
Ltd. (A-1) & Vijay Singhal (A-5) are on bail with
Sh. Neeraj Dahiya, advocate.
> Accused Revathi Ranjan Roy (A-6) is on bail and
has joined the proceedings through VC whereas Sh.
Manish Kumar & Ms. Apoorva Thakur, advocates
appeared in the court.
> Accused Devender Kr. Balani (A-7) is on bail with
Sh.Vijay S. Bishnoi, advocate.
> Accused Ram Niwas (A-2) who was the Director
of Raj Fibres Pvt. Ltd. (A-1) had expired and
proceedings against him already abated.
Arguments heard on the question whether the accused
persons are entitled to receive the copy of ECIR or not. ED is
raising objection that the same cannot be supplied because it is an
internal document and as per judgment of Vijay Madanlal’s case
given by Hon’ble Supreme Court as well as Pawan Insaa vs
Directorate of Enforcement given by Punjab & Haryana High
Court on 10.04.2024, the ECIR cannot be supplied. On the other
hand, counsel for accused no. 7 stated that ECIR copy can be
withheld only till the investigation is pending but once the
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investigation is concluded and complaint is filed in the court,
then the ECIR copy has to be supplied to the accused persons.
Counsel for ED stated that ECIR copy can be added in the list of
unrelied material also which the accused is not entitled at this
stage.
This issue whether accused persons are entitled to ECIR
copy or not will be decided alongwith the orders on charge.
Counsel for accused no. 7 does not want to further orally argue
on the point of charge but he is permitted to submit brief synopsis
on the same not morethan 8 to 10 pages within 10 days from
today. Accused no. 6 has already placed on record his written
arguments and ED as well as other accused persons are also
permitted to file the written submissions, if any within 10 days.
Put up this matter on 20.05.2024 at 2:00 p.m. for orders
on charge and the point regarding supply of copy of ECIR or not.
Before passing order on charge, the issue of supply of copy of
ECIR will be dealt with firstly.
In case, the court decides to supply the copy of ECIR to
the accused persons, then order on charge will be deferred and
one more opportunity will be given to the accused persons to
address further arguments on charge only by referring the ECIR
and nothing else but in case request of the accused persons for
supply of the ECIR is rejected, then the order on the charge will
be passed.
(Ashwani Kumar Sarpal)
Special Judge (PC Act) (CBI)-08, RACC
02.05.2024
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