2024 (1) TMI 835 - HC - Money Laundering

Money Laundering - Transfer of investigation from the State police to the Central Bureau of Investigation - HELD THAT - The thrust of the petitioner that only the CBI should investigate the case and be able to arrest the suspect has to be juxtaposed with the inability of the ED itself, another powerful central agency accompanied by the CRPF personnel, to search and seize, far less arrest the suspect. However, the involvement of the CBI personnel in the inveastigation of the present cases would be an imperative considering the ineptitude of the local police to handle the matter as discussed above and in view of the allegation of bias levelled by the petitioner, a premiere investigating agency - A pan-India organisation like the CBI would also be able to deal better with inter-State or inter-country measure if it becomes necessary to undertake the same. One cannot rule out the possibility of any accused illegally crossing over to a neighbouring country. In order to unearth the truth and to apprehend the miscreants responsible, a concerted effort is required from both the Central and the State agencies. Thus, to instil confidence in the people and to have a fair and effective investigation, for the present, a Special Investigation Team (SIT) consisting of personnel from both the CBI and the State police need to investigate the alleged offences. As FIR Nos. 8 and 9 of 2024 of the Nazat Police Station both pertain to allegations made in this same line, the cases need to investigated by the same agency. It is directed that further investigation of the Nazat Police Station case Nos. 8 and 9 of 2024 shall be conducted by a Special Investigation Team headed by an officer of the CBI of the rank of a Superintendent of Police to be nominated by the CBI and Mr. Jaspreet Singh, IPS, presently posted as the Superintendent of Police, Islampur Police District. The CBI shall make the nomination by tomorrow i.e., 18.01.2024. List this matter under the heading To Be Mentioned on 12.02.2024 at 2.00 p.m.

Summary

Issues involved:
Transfer of investigation from State police to CBI in Nazat Police Station Case No. 9 of 2024 and Bongaon Police Station Case No. 18 of 2024.

Issue 1 - Transfer of Investigation to CBI in Nazat Police Station Case No. 9 of 2024:
The Enforcement Directorate (ED) sought transfer of investigation to CBI due to a violent incident involving ED officials being attacked by a mob while investigating a money laundering case. The State police's investigation was criticized for flaws, including not pursuing serious charges and lack of arrests. The court noted the need for impartial investigation and directed a Special Investigation Team (SIT) comprising personnel from both CBI and State police to handle the case. The SIT, headed by a CBI officer, will conduct further investigation and report directly to the Magistrate under court monitoring.

Issue 2 - Allegations and Counter-versions in FIRs:
The court highlighted discrepancies in FIRs filed by the State police and ED officials regarding the violent incident. It noted the registration of a counter FIR before the original FIR, casting doubt on the impartiality of the police. The court criticized the omission of serious charges like attempt to murder and dacoity in the FIRs and emphasized the need for a thorough and unbiased investigation.

Issue 3 - Role of Enforcement Directorate and Cooperation with Investigation:
The ED's role in seeking CBI investigation was questioned, as it had not previously requested transfer of cases involving predicate offences to CBI. The court emphasized the importance of effective collaboration between central and state agencies to ensure a fair investigation. It directed the SIT to include members from both CBI and State police for a comprehensive probe.

Issue 4 - Direction for Special Investigation Team (SIT):
In the interest of justice, the court directed the formation of an SIT headed by a CBI officer to investigate the case. The SIT will have the authority to seek assistance from both State and Central forces for search, seizure, and arrest operations. The court mandated that the SIT report directly to the Magistrate, with ongoing monitoring by the court to ensure transparency and accountability in the investigation process.