IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS 761-762 OF 2021

The State of Telangana Rep by Special Officer Vandhana & Ors … Appellants

Versus

M/s Heera Gold Exim Private Limited & Ors … Respondents

WITH

SPECIAL LEAVE PETITION (CRIMINAL) NOS 5966-5967 OF 2021

AND

WRIT PETITION (CRIMINAL) NO 31 OF 2020

O R D E R

1 This Court passed the following order on 23rd August 2024 :

• "1 We heard this matter for quite some time.
• 2 We have been able to understand the issues involved in this litigation. The distinct understating arrived at today is that the client of the learned senior counsel, Mr Ranjit Kumar has agreed to raise funds to the tune of Rs 580 crore by the next date of hearing.
• 3 There are many parcels of land owned by the company. The first thing we would like to have is a list of all those immovable properties free of all encumbrances and also those properties where some claims have been put forward.
• 4 We have also gone through few orders passed by this Court over a period of time. It is very apparent that there is no progress worth the name in the matter. Therefore, today we have made ourselves very clear Digitally signed by that failure on the part of the accused to raise the Gulshan Kumar Arora

necessary finance may entail the following consequences:

• (i) The petition filed under Article 32 of the Constitution for clubbing of all the FIRs may be liable to be dismissed;

• (ii) The SFIO may be asked to proceed further in accordance with law;

• (iii) The bail granted by this Court may be liable to be cancelled;

• (iv) We may ask each State where the FIRs have been registered to investigate them in accordance with law; and

• (v) We may also ask the Enforcement Directorate to proceed in accordance with law.

• 5 List the matters on 18 October 2024 and be treated as a part heard matter."

• 2 Thus, by our aforesaid order, we had made ourselves abundantly clear that if the respondent accused is unable to raise the amount to the tune of Rs. 580 crore, then we would dismiss the petition filed for clubbing of all the FIRs invoking Article 32 of the Constitution and the bail granted by this Court would also be liable to be cancelled.

• 3 Today, when the matter was taken up for hearing, the learned counsel appearing for the respondent-accused was not able to make any positive statement as regards the amount referred to aforesaid. There seems to be no progress in the matter.

• 4 In such circumstances, the Article 32 petition seeking clubbing of all the FIRs is hereby ordered to be dismissed.

• 5 The SFIO shall now proceed further in accordance with law.

• 6 The bail granted by this Court stands cancelled. We grant two weeks time to the respondent-accused to surrender before the authority concerned.

• 7 All the FIRs which have been registered in different States shall now be investigated in accordance with law.

• 8 We leave it open for the Enforcement Directorate also to proceed further in accordance with law.

• 9 We clarify that the SFIO shall investigate only offences relating to the Company Law. Rest of the offences shall be investigated by the Police authorities of the respective States.

• 10 The aforesaid order shall not come in the way of the respondent-accused, if she wants to apply for bail afresh in the event of some changed circumstances in future.

• 11 We are informed that some contempt proceedings are also pending. The same shall remain pending.

• 12 At this stage, Mr. S.V. Raju, the learned Additional Solicitor General appearing for the Enforcement Directorate submitted that an amount of Rs.49,20,600/- (Rupees forty nine lakh twenty thousand and six hundred only) is to be paid to the chartered accountant firm Sarath Associates towards professional fees. In the past, an amount of Rs.1,14,81,400 (Rupees one crore fourteen lakh, eighty one thousand and four hundred only) was paid to the said Chartered Accountant Firm for the services rendered between 17.2.2022 and 16.4.2023, i.e., approximately for a period of fourteen months. Mr. Raju pointed out that since

April, 2023, there has been no further disbursement of the amount towards fees.

The Firm has made a request to release the bill amount of Rs.49,20,600/- (Rupees forty nine lakh twenty five thousand and six hundred only) referred to above.

13 We permit the concerned authority of the Enforcement Directorate to withdraw the amount of Rs.49,20,600/- from the deposit account. In the aforesaid regard, the following statement would make the picture more clear :

Balance<br>available<br>in<br>the<br>deposit account	Rs.4.57 Cr approx."
Total	Rs.1,42,99,193
Cost of Paper reported and<br>reimbursed so far	Rs.1,40,965
Cost towards Photostat charges of<br>reported and reimbursed so far ---<br>Further photo stating of claims<br>under progress.<br>Copies of 7298<br>claims were provided to the<br>petitioner<br>on<br>her<br>request.<br>Another 3100 photostat copies of<br>claims<br>are<br>ready<br>delivery.<br>Petitioner has been duly informed<br>and She yet to take delivery of<br>the same. On completion of work,<br>additional cost to be reimbursed<br>to be submitted.	Rs.2,24,908
Cost reimbursed for publication of<br>advertisement<br>all over<br>India<br>inviting claims of Heera Group	Rs.24,51,910
Professional<br>Fee<br>@<br>Rs.6.95<br>lakhs+GST<br>18%<br>totaling<br>to<br>Rs.8,20,100 per month	17.02.2022<br>to<br>16.04.2023<br>=<br>14<br>x<br>Rs.8,20,100<br>=<br>Rs.1,14,81,400/-<br>No Fee paid since April,<br>2023. Request to release<br>payment<br>of<br>Rs.49,20,600/-.
CA Firm Sarath Associates paid	Paid for 14 months from

Crl.A 761-762/2021

• 14 With the aforesaid, all the captioned petitions/appeals stand dismissed.
• 15 Pending applications, if any, stand disposed of.

…...…...….......………………....…..J. [J B Pardiwala]

…...…...….......………………....…..J. [Manoj Misra]

New Delhi; October 18, 2024 GKA

Crl.A 761-762/2021

ITEM NO.7 COURT NO.10 SECTION II

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Criminal Appeal No(s). 761-762/2021

THE STATE OF TELANGANA REPBY SPECIAL OFFICER VANDHANA & ORS. Appellant(s)

VERSUS

M/S HEERA GOLD EXIM PRIVATE LIMITED & ORS. Respondent(s)

(IA No. 164287/2023 - INTERVENTION APPLICATION)

WITH

W.P.(Crl.) No. 31/2020 (X)

(FOR INTERVENTION/ IMPLEADMENT ON IA 140775/2023 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 140776/2023 FOR INTERVENTION APPLICATION ON IA 153794/2023 FOR INTERVENTION APPLICATION ON IA 155403/2023 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 155405/2023 IA No. 140776/2023 - APPROPRIATE ORDERS/DIRECTIONS IA No. 155405/2023 - APPROPRIATE ORDERS/DIRECTIONS IA No. 153794/2023 - INTERVENTION APPLICATION IA No. 155403/2023 - INTERVENTION APPLICATION IA No. 140775/2023 - INTERVENTION/IMPLEADMENT)

SLP(Crl) No. 5966-5967/2021 (II)

SMC(C) No. 4/2023 (XVII) (FOR ADMISSION)

Date : 18-10-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA

For Appellant(s) By Courts Motion, AOR

Mr. Amrish Kumar, AOR

Ms. Devina Sehgal, AOR

Mr. Vineet George, Adv. Mr. Dp Singh, Sr. Adv. Mr. Avatar Singh Rawat, Sr. Adv. Mr. Archit Singh, Adv. Ms. Yashika Varma, Adv. Mr. Ashish Singh, Adv. Mr. Sadashiv, AOR Mr. Vikas Singh, Sr. Adv. Mr. Varun Singh, Adv. Mr. Mohammad Atif Ahmad, Adv. Mr. Nitin Saluja, AOR Mr. Akshay Dev, Adv. Ms. Deepeika Kalia, Adv. Ms. Vasudha Singh, Adv. Mr. Sudeep Chandra, Adv. For Respondent(s) Mr. Mukesh Kumar Maroria, AOR Mr. A.S. Rawat, Sr. Adv. Mr. Viplav Kumar Singh, Adv. Mr. Siddharth Singh, Adv. Mr. Madan Lal Daga, Adv. Mr. Rajesh Sonthalia, Adv. Mr. Rajeev Kumar Bansal, AOR Mr. Amrish Kumar, AOR Mr. S.v Raju, A.S.G. Mrs. Sairica Raju, Adv. Mr. Ashutosh Ghade, Adv. Mr. Kanu Agrawal, Adv. Mr. Sughosh Subramanyam, Adv. Mr. Zoheb Hussain, Adv. Mr. Padmesh Mishra, Adv. Mr. Annam Venkatesh, Adv. Ms. Devina Sehgal, AOR Mr. Veneet George, Adv. Mr. Tushar Mehta, SG Mr. Suryaprakash V.Raju, A.S.G. Mr. Zoheb Hossain, Adv. Mr. Kanu Agrawal, Adv. Ms. Sairica Raju, Adv. Mr. Yuvraj Sharma, Adv. Mr. Sughosh Subramanyam, Adv.

Mr. Annam Venkatesh, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Akshita Choubey, Adv. Ms. Yashvi Sharma, Adv. Mr. Mrigank Shekhar Mehta, Adv. Mr. Kshitij Aggarwal, Adv. Mr. Anand Dilip Landge, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Guntur Pramod Kumar, AOR Ms. Prerna Singh, Adv. Mr. Dhruv Yadav, Adv. Mr. D. L. Chidananda, AOR Mr. Sadineni Ravi Kumar, AOR Mr. Anuj Prakaash, Adv. Mr. Niraj Dubey, Adv. Mr. Pradum Kumar, Adv. Mr. Kumar Mihir, AOR Mr. Vikrant Singh Bais, AOR Mr. Kamal Mohan Gupta, AOR Mr. Mohd Zahid Hussain, Adv. Mr. Abdul Mannan, Adv. Mrs. Kumudni Priyadarshani, Adv. Mr. Syed Mehdi Imam, AOR Mr. Tabrez Ahmad, Adv. Mr. Shane Elahi Turkey, Adv. Mr. S. U. Abbas, Adv. Mr. Vikas Singh, Sr. Adv. Mr. Varun Singh, Adv. Mr. Mohammad Atif Ahmad, Adv. Mr. Nitin Saluja, AOR Mr. Akshay Dev, Adv. Ms. Deepeika Kalia, Adv.

Mr. Sudeep Chandra, Adv. Mr. Shashibhushan P. Adgaonkar, AOR Mr. Ramesh Kumar Mishra, AOR Mr. Abdulla Naseeh V.T., AOR Mr. Dushyant Dave, Sr. Adv. Mr. Ranjay Kumar Dubey, AOR Mr. Avinash Sharma, AOR Ms. Akanksha Kapoor, Adv. Mr. Shane Ilahi Asif Ali Turkey, Adv. Mr. Ibad Mushtaq, AOR Mr. Anuj Prakaash, Adv. Mr. Niraj Dubey, Adv. Mr. Pradum Kumar, Adv. Mr. Kumar Mihir, AOR Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Avinash Sharma, AOR Ms. Akanksha Kapoor, Adv. Mr. Shane Ilahi Asif Ali Turkey, Adv. Mr. Md. Rashid Saeed, AOR Ms. Muskan Mangla, Adv. Ms. Rubina Jawed, Adv. Mr. Aakarshan Aditya, AOR Mr. Sadineni Ravi Kumar, AOR Mr. Gaurav Goel, AOR Mr. Saurabh Kirpal, Sr. Adv. Mr. Pradeep Patil, Adv. Mr. Abhikalp Pratap Singh, AOR Mr. Kartikey, Adv. Ms. Shubhangi Agrawal, Adv. Mr. Utkarsh Kumar, Adv.

Ms. Gayatri Agrawal, Adv.

9

Mr. Naresh Kumar, AOR

UPON hearing the counsel the Court made the following O R D E R CRL.A. NOS 761-762/21 AND SLPD(CRL) NOS 5966-5967/2021 OF 2021 AND WP (CRL) NO.31 OF 2020

1 The petitions/appeals stand dismissed in terms of the signed order.

2 Pending applications, if any, stand disposed of.

(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)

AR-CUM-PS ASSISTANT REGISTRAR

(Signed order is placed on the file)