"The petition is allowed. Summoning order is quashed," stated Justice Manoj Kumar Ohri in his order.
In November of the previous year, the high court had stayed proceedings against Munjal relating to the foreign currency case lodged by the DRI. The interim order noted that Munjal had been exonerated by the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) on the same set of facts. This information was not disclosed to the trial court, reinforcing Munjal’s case for interim protection.
The high court's intervention had stayed the operation of the July 1, 2023 order by an additional chief metropolitan magistrate and all related proceedings against Munjal before the ACMM.
The case against Munjal and other parties, including a third-party service provider company called Salt Experience and Management Private Limited (SEMPL), was filed by the DRI in 2022. The allegations included carrying, attempting to export, and illicit export of foreign currency. The complaint named various individuals, including Amit Bali, Hemant Dahiya, and K R Raman.
Munjal's legal counsel argued that the trial court’s order was issued mechanically without providing any reasons. The direct argument stated that the order was passed "without giving any reasons."
Responding to the non-disclosure of CESTAT's March 2022 exoneration order, the counsel for the DRI contended that the agency was not a party to those proceedings. Hence, it had no occasion to be aware of or withhold any information regarding that order.
Additionally, the Enforcement Directorate (ED) had registered a case under various sections of the Prevention of Money Laundering Act (PMLA). This case is primarily based on the DRI's chargesheet filed under section 135 (evasion of duty or prohibitions) of the Customs Act.
The ED has alleged that SEMPL illegally exported foreign currency equivalent to approximately INR 54 crore to various countries from 2014-2015 to 2018-2019. According to the ED, this money was ultimately used for the personal expenses of P K Munjal.
SEMPL allegedly issued foreign exchange worth around INR 14 crore in the names of its officials and employees, such as Hemant Dahiya, Mudit Aggarwal, Amit Makker, Gautam Kumar, Vikram Bajaj, and Ketan Kakkar over the permissible annual limit of USD 2.5 lakh in several financial years.
The agency has also claimed that SEMPL procured foreign exchange and travel forex cards in significant amounts in the names of employees who did not travel abroad.
The high court's decision to quash the summons against Munjal highlights the importance of coherent legal procedures and disclosure of material facts before the court. The unfolding legal narrative continues to demonstrate the intricate relationship between multiple investigative agencies and judicial oversight.
(Source- PTI)
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