DIRECTORATE OF ENFORCEMENT Vs. RAJIV SAXENA
LAWS(DLH)-2020-6-22
HIGH COURT OF DELHI
Decided on June 08,2020

DIRECTORATE OF ENFORCEMENT Appellant
VERSUS
Rajiv Saxena Respondents




JUDGEMENT

C.HARI SHANKAR,J. - (1.)An interesting issue, involving the interplay between Section 306, and Section 308, of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr PC", or "the 1973 Cr PC"), arises for consideration in the present case Facts, and the impugned Order
(2.)The Central Bureau of Investigation (CBI) registered RC No. 217-2013A-0003, against the respondent, on 12th March, 2013, alleging commission of offences, by him, punishable under Section 420, read with Section 120B of the Indian Penal Code, 1860 (IPC) and Sections 7, 8, 9, 12 and 13(1)(d), read with Section 13(2) of the Prevention of Corruption Act, 1988. Inasmuch as the allegations, against the respondent (and others arraigned with him) indicated commission of offences under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "the PMLA"), ECIR No. 15/DLZO/2014 was also registered against, inter alia, the respondent, on 3rd July, 2014, by the Directorate of Enforcement (the petitioner herein).
(3.)Given the limited controversy before me, which is purely legal in nature and turns on the interpretation of Sections 306 and 308 of the Cr PC, it is not necessary to allude, to the allegations against the respondent, in any detail. Suffice it to state that an application was filed, by the respondent, under Section 306, Cr PC, for grant of pardon. The said application was allowed, by the learned Special Judge, CBI (hereinafter referred to as "the learned Special Judge"), vide a detailed order, dated 25th March, 2019, the operative para 21, whereof, reads thus:
" In view of my aforesaid discussion, I thus allow the application moved by accused/applicant Rajiv Saxena seeking pardon and to make him an approver subject to his making full and true disclosure of whole of the circumstances as are within his knowledge relating to the offence and to every other person concerned whether as an abettor or principal in the commission of offences being tried over here."



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