DIRECTORATE OF ENFORCEMENT THROUGH ASSISTANT DIRECTOR DELHI vs RAJESH KUMAR AGARWAL

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 22.05.2025 Judgment pronounced on: 12.09.2025 + MISC. APPEAL (PMLA) 03/2023 & CRL.M.A. 34701/2019 & CRL.M.A. 38804/2019 DIRECTORATE OF ENFORCEMENT THROUGH ASSISTANT DIRECTOR DELHI .....Appellant Through: Mr. Samrat Goswami, Advocate. versus RAJESH KUMAR AGARWAL .....Respondent Through: Mr. Amit Khemka, Mr. Sandeep Dash, Ms. Himani Singh and Ms. Jeevika Dhyani, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The Appellant/ Directorate of Enforcement1 has preferred the present appeal under Section 42 of the Prevention of Money Laundering Act, 20022, challenging the Order dated 06.02.20193 passed in FPA-PMLA-1973/DLI/2017 by the learned Appellate Tribunal (PMLA), New Delhi4. By the said order, the learned AT set 1 ED 2 PMLA/ Act 3 Impugned Order 4 AT/Tribunal Signature Not Verified Digitally Signed MISC. APPEAL (PMLA) 03/2023 Page 1 of 41 By:HARVINDER KAUR BHATIA Signing Date:12.09.2025 16:46:01 aside the Order dated 21.08.2017 passed by the learned Adjudicating Authority (PMLA)5, which had allowed Original Application No. 106/2017 dated 15.06.2017 filed under Section 17(4) of the PMLA, seeking retention of seized properties of the Respondent. BRIEF FACTS: 2. The Appellant registered ECIR No. 01/DZ-II/2017 dated 11.02.2017 pursuant to Criminal Complaint No. 57463 of 2016 dated 29.11.2016 filed by the Serious Fraud Investigation Office6 under Section 420 read with Section 120B of the Indian Penal Code, 18607, before the learned Additional Chief Metropolitan Magistrate (Central) Special Acts, Tis Hazari Courts, Delhi. 3. The investigation related to allegations that Mr. Surendra Kumar Jain and Mr. Virendra Jain