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THE SPECIAL COURT UNDER P.M.L. ACT, GR. BOMBAY
ORDER BELOW EXH.227
IN
PMLA SPECIAL CASE NO.404 OF 2021
Mr. Sanjay Dattatray Palve,
Age : 50 years, Occ : Service,
Residing at : A1104, Vijaya Residency, Dr. B.R. Road,
Lalbaug, Parel, Mumbai400012. … Applicant(A13)
Versus
The Enforcement Directorate,
Assistant Director, Mumbai Zonal OfficeI,
Mumbai. … Respondent
Appearance:
Mr. Sundeep Karnik, Ld. Adv. for applicant.
Mr. Sunil Gonsalves, Ld. Spl. P.P.
CORAM : M. G. DESHPANDE,
SPECIAL JUDGE UNDER THE PML ACT,
(C.R.No.16)
DATE : August 26, 2022
ORDER
1. Applicant Sanjay Dattatray Palve is accused No.13 in this
case, prayed to permit him to retain the passport till 30.10.2022
contending that he is required to submit the same within 48 hours as
directed in the order permitting him to travel abroad. His Visa was
expiring on 30.08.2022 and he had applied for extension thereof. He
got appointment dt.27.09.2022 for the same, without which he cannot
travel USA and the same would commit breach of overstay if he stays
beyond 30.08.2022. This contingency is beyond his control and he
could not travel to the said country, whereas his family members are
already travelling the said country for the education of his daughter.
OBE-227 .. 2.. PMLA Spl. Case No.404/2021
3. Heard Ld. Adv. Mr. Sundeep Karnik for the applicant and
Ld. SPP Mr. Sunil Gonsalves.
5. Admittedly, ED had never arrested the applicant during the
course of investigation of ECIR and even while filing the complaint. All
this primafacie indicates that, even ED had no apprehension of misuse
of liberty of the applicant. It was the reason ED did not arrest him.
Hence, whatever objections raised by Ld. SPP has no justification. Now
the applicant wants to retain the passport till 30.10.2022 as the same is
required for the renewal of his Visa. This fact is substantiated by the
copy of Visa and letter of appointment. In my opinion no prejudice will
be caused if the applicant is allowed to retain the passport till
30.10.2022 as per prayer clause (a) of the application. Hence,
OBE-227 .. 3.. PMLA Spl. Case No.404/2021
following order is passed :
ORDER
1. Application (Exh.227) is allowed.
2. Applicant Sanjay Dattatray Palve is allowed to retain his
passport till 30.10.2022 as per prayer clause (a).
3. The applicant shall undertake that, he will not misuse the
passport and travel abroad without seeking permission of
this Court.
Digitally signed by
MADHAV MADHAV GOPAL
GOPAL DESHPANDE
DESHPANDE Date: 2022.08.26
17:52:30 +0100
26.08.2022 at hours (KISHOR PRAKASH SHERWADE)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
Date of pronouncement of 26.08.2022
judgment/order
Judgment/order signed by P.O. on 26.08.2022
Judgment/order uploaded on 26.08.2022