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TMI Blog2016 (1) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... the sum of ₹ 5,50,000/- withdrawn on 4-8-2011 by the appellant from Allahabad Bank as claimed by him. The explanation offered by the appellant to explain the amount of ₹ 4,86,900/- seized on 7-2-2012 by the Police from his residential house is liable to be rejected. Thus we are of the considered view that the explanation offered by the appellant to explain the amount of ₹ 4,86,900/- seized on 7-2-2012 by the Police from his residential house is liable to be rejected. The explanation offered by the appellant in respect of the amount of ₹ 4,86,900/- is held to be an afterthought to wriggle out of the allegations of money laundering and to project the same as untainted property. Consequently the appeal is dismissed - F.P.A. -PMLA No. 689/LKW/2014 - - - Dated:- 25-1-2016 - Shri Arun Kumar Agarwal, Acting Chairperson and Dr. Rabi Narayan Dash, Member Ms. Kanika Sharma, Advocate, for the Appellant. Shri S.A. Saud, Advocate, for the Respondent. JUDGMENT [Judgment per : Arun Kumar Agarwal, Acting Chairperson]. - The present appeal is filed challenging the impugned order dated 29-8-2014 passed by the Adjudicating Authority confirming provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent of 3, Bajrang Apartment, Belangaj, Agra, and was carrying 16 packets containing 100 pieces of ₹ 500/- each, totalling to ₹ 8,00,000/- along with a list of 163 candidates with their roll numbers and centre code, from whom such amount was allegedly collected and one admit card bearing Roll No. 16034587 in the name of Sangeeta Srivastava, address - 1/97, Gwali Toli, Fatehgarh, Farrukhabad. ii. Shri Ratan Kumar Mishra S/o Shri Kailash Chandra Mishra, R/o-Village - Hatsari, Aliganj, Eta was carrying ₹ 51,00,000/- along with a list of candidates with their roll numbers and the region, from whom the money was allegedly collected for the said purpose. iii. Shri Amrendra Kumar Jaiswal S/o Shri Kashi Prasad Jaiswal, R/o - Village - Gathiyapar, Dudhara, District - Sant Kabir Nagar was carrying ₹ 27,73,000/- along with a list of 30 candidates with their roll numbers. 5. It is alleged that the said persons were engaged in extracting money illegally from the students on the assurance of securing them pass in TET 2011 examination fraudulently. The accused persons had stated that an amount ranging between ₹ 25,000/- to ₹ 50,000/- as advance, out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that they had collected money from the candidates, who were appearing in the TET 2011. 9. Shri Narendra Pratap Singh and Shri Rama Shankar Mishra were arrested on 9-1-2012 by the Police while they were going to meet those who were involved in TET 2011 scam and Shri Narendra Pratap Singh, on personal search, an amount of ₹ 4,00,250/ and ₹ 1,00,150/- was recovered from possession of Shri Narendra Pratap Singh and Shri Rama Shankar Mishra. 10. It is alleged that on the basis of the revelations made by the above accused persons that Shri Sanjay Mohan, Director, U.P. Madhyamik Siksha Parishad, Lucknow was the kingpin of the racket, Shri Sanjay Mohan was arrested on 7-2-2012 and an amount of ₹ 4,86,900/- in cash was recovered and seized from his residence along with photocopy of a list containing 9 pages, having details of 260 candidates, with their roll numbers, who were appearing/had appeared in TET 2011 examination. 11. Another FIR No. 220/2012, dated 4-5-2012 in the same matter had been lodged by the U.P. Police with P.S. Ghajipur, District Lucknow for offences u/s 120B r/w 420 of IPC and Sections 7 and 13 of Prevention of Corruption Act, 1988 wherein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dover the collected money; that these persons had close relation with Shri Sanjay Mohan; that out of ₹ 2.5 lakhs collected from each candidate ₹ 2.0 lakhs was being paid to Shri Manish Chaturvedi @ Mohan and Shri Madhvendra Singh @ Madhav and remaining ₹ 50,000/- was charged by him as commission. 13. It is alleged that Sh. Ratan Kumar in his statement before Police on 1-1-2012 admitted that he was engaged in collecting illegal money from different candidates in lieu of getting them declared as qualified in TET 2011 examination; that he had collected ₹ 51,00,000/- from 80 candidates; that as per telephonic conversation with other associates, he was going to Charbagh, Lucknow to meet Shri Madhvendra Singh @ Madhav and Shri Manish Chaturvedi @ Mohan, from where he was supposed to proceed to meet Shri Rama Shanker Mishra and Shri Narendra Pratap Singh to handover the money @ ₹ 1.5 lakhs per candidate; that Shri Rama Shanker Mishra and Shri Narendra Pratap Singh were close confidants of Shri Sanjay Mohan; that the document recovered from him was a photocopy of a list of 80 candidates bearing names, roll numbers, category and reference numbers. 14. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s handed over to Police Authorities on 9-1-2012. He further confirmed that he had a close relation with Shri Sanjay Mohan and he was also in touch with him on mobile phone. 17. It is alleged that Shri Rama Shankar Mishra in his statement before the police on 10-1-2012 admitted that he along with Shri N.P. Singh, was engaged in collection of illegal money from about 1200 candidates in lieu of getting them passed fraudulently in TET 2011 examination; that he was charging ₹ 1.5 lakhs per candidate out of which they were paying ₹ 1.0 lakh per candidate to Shri Sanjay Mohan and remaining ₹ 50,000/- was shared equally between them; that he along with Shri Narendra Pratap Singh had given ₹ 40,00,000/- as a token money to Shri Sanjay Mohan and retained ₹ 10,00,000/- which was shared between Shri Narendra Pratap Singh and him equally. He further stated that their racket was working actively all over Uttar Pradesh and they had close relation with Shri Sanjay Mohan. 18. It is alleged that Sh. Sanjay Mohan, present appellant in his statement before the Police on 8-2-2012 12-2-2012 stated that he was working as Director of Madhyamik Siksha Parishad, U.P., L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e responsibility of conducting TET 2011 was assigned to Smt. Prabha Tripathi, the then Secretary, Madhyamik Shiksha Parishad, U.P. He submitted that the conduct of examination and result of TET 2011 was found in order and the candidates were selected on merits and thus eligible for recruitment. He submitted that the petition No. 1337/2012 filed in the Hon ble High Court of U.P. challenging the conduct of TET 2011 was also dismissed by the Hon ble High Court with cost. 21. He submitted that subsequently in the matter of FIR No. 353/2011, dated 31-12-2011, the police has filed a final report dated 22-2-2012 and in this report the appellant was added and named as an accused. He submitted that the allegations made against him in the FIR and chargesheet are false and baseless. He submitted that the police without any authority and search warrant forcibly entered the house of the appellant and forcibly took ₹ 4,86,900/- from his residence on 7-2-2012 and also arrested the appellant of false allegations. He submitted that the respondent issued a Provisional Attachment Order No. 04/2014 provisionally attaching ₹ 4,86,900/- and filed Original Complaint before the Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of PMLA. The learned counsel submitted that above facts were stated by the appellant in the applications dated 12-2-2013 and 7-8-2013 which the appellant has filed in the concerned Trial Court and copies of same are filed in the appeal. 24. The learned counsel submitted that the appellant was maintaining his salary account being Saving Bank a/c No. 20354740771 with Allahabad Bank, Hazratganj, Lucknow and drew our attention to the copy of same filed in the appeal and pointed out that transaction of withdrawal of ₹ 5,50,000/- in cash by cheque No. 017697 on 4-8-2011 is duly recorded in the bank statement which cash was kept in home and recovered by police on 7-2-2012. He submitted that the transactions for deposit/credit in this account are towards salary earned by the appellant and ₹ 5,50,000/- was drawn out of such income which is duly disclosed in the income tax returns. He also drew our attention to the copies of income tax returns for the assessment year 2010-11 and 2011-12 of the appellant in order to substantiate the income of the appellant and income tax paid. 25. The counsel for appellant on being asked by this Tribunal disclosed that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice belonged to him and he had withdrawn the same from his salary account with Allahabad Bank. 29. The learned counsel submitted that on perusal of bank account statement of appellant s saving account with Allahabad Bank, it was revealed that he had withdrawn ₹ 5,50,000/- on 4-8-2011 which is several months before the recovery of ₹ 4,86,900/- from his residence by the Police on 7-2-2012 and as the submission appeared to be untenable, an opportunity vide letter dated 25-2-2014 was granted to the appellant for his appearance on 4-3-2014 but the appellant again failed to appear. He submitted that the appellant has not co-operated in the investigation by not appearing in response to summons and therefore his conduct is not clean and his non-co-operation should weigh against him. 30. The learned counsel for respondent argued that the explanation offered by the appellant in respect of money of ₹ 4,86,900/- is an afterthought in order to defend himself and to project the proceeds of crime recovered from him, as untainted. He submitted that the amount of ₹ 5,50,000/- was withdrawn from bank on 4-8-2011 for the purpose of pregnancy and delivery expenses of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant made following submissions to explain the amount of ₹ 4,86,900/- seized by the police : (vii) That on 4-8-2011 the applicant/defendant No. 1 has withdrawn ₹ 5,50,000/- from his saving Account No. 20354740771 Allahabad Bank, SPDM, Civil Hospital, Lucknow. The applicant/defendant No. 1 has already relied at Page No. 290, which indicates the Bank Statement of Account of the applicant. Though the said amount was withdrawn by the applicant on 4-8-2011 and he was arrested on 7-2-2012, the allegations of the opposite party is that why this amount was lying with the applicant in his house for about 6 months. So they arbitrarily presumed that this must be the amount, which comes under Money Laundering Act, in fact the applicant has withdrawn the amount through Cheque No. 01769 and this amount the applicant/defendant wanted to give to his son-in-law and daughter as in the event of pregnancy expenses of his daughter in case of delivery, this amount was kept by the applicant in his house and ultimately the daughter of the applicant gave birth to a female child on 11-8-2011 that is why this amount was lying in the premises of the applicant/defendant No. 1. This amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Criminal Misc Nos. 9052 and 9055 of 2012 on 9-4-2012 which was dismissed vide order dated 17-12-2012. In the above bail application, the appellant has stated that the amount of ₹ 4,86,900/- seized by Police from him, was realized and kept with him as against an earlier withdrawal that was made to lend the money to his sister. Thus, the stand of appellant before the Hon ble High Court was that the money was received back from appellant s sister which is different from stand taken by the appellant in application dated 12-2-2013 filed before the Court and in the attachment proceedings under PMLA. The relevant assertions of appellant are recorded in the order of Hon ble High Court as follows : 26. The arguments have been advanced separately and for the applicant Sanjay Mohan the contention of Sri G.S. Chaturvedi, learned Senior Counsel is that so far as the applicant is concerned he was not named after the interception of the vehicle on 31st of December, 2011 where it is alleged that a huge recovery of ₹ 86.73 lacs was made. He contends that there is no evidence of the applicant having represented to the candidates for assuring them success in the T.E.T. Examination ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithdrawn as the baby girl was born on 11-8-2011. However, no explanation whatsoever was offered. 37. In response to a question raised by this Tribunal, it was stated on behalf of the appellant that he is maintaining only two bank accounts. Perusal of these bank accounts revealed that there are no withdrawals from the bank accounts during the relevant period from April 2011 to March 2012 to meet the household expenses of the appellant. Following is the relevant extract of the bank statement of the two saving bank accounts of the appellant : Punjab National Bank, Nishat Ganj, Lucknow A/c no. 0762000400001758 Date Cheque no. Particulars DR Amount CR Amount Balance 4-9-2011 By Interest 2,058.00 108688.34 Cr 8-3-2012 By Interest 2,168.00 110856.34 Cr 8-9-2012 By Interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2011 CR RT CHG 17.000- Cr 6-5-2011 6-5-2011 CR RT CHG 17.000- Cr 4-6-2011 4-6-2011 BY TRF BY SAL 78,427.00 5,63,590.50 Cr 4-7-2011 4-7-2011 BY TRF 78,427.00 6,42,017.50 Cr 14-4-2011 14-4-2011 BY CLG 014389 13,00,000.00 19,42,017.50 Cr 15-7-2011 15-7-2011 CR RT CHG 17.000- Cr 15-7-2011 15-7-2011 CR RT CHG 17.000- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 85,618.00 17,39,022.50 Cr 23-11-2011 23-11-2011 INWARD CLEARIN 02233410 MAX NEW 022333 15,000.00 17,24,022.50 Cr 23-11-2011 23-11-2011 INWARD CLEARIN 0223341 MAX NEW 022334 15,000.00 17,09,022.50 Cr 5-12-2011 5-12-2011 BY TRF 75,618.00 17,84,640.50 Cr 12-12-2011 12-12-2011 INWARD CLEARIN 02233610MUNISH 022336 10,00,000.00 7,84,640.50 Cr 12-12-2011 12-12-2011 BY CLG 014369 5,00,000.00 12,84,640.50 Cr 14-12-2011 14-12-2011 INWARD CLEARIN 02233510 SUBHASH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-4-2012 4-4-2012 BY TRF SHASHI KHETRAPAL UTR-IBKLH12095000831 TRF FROM 00814770018 10,00,000.00 30,65,853.50 Cr 4-4-2012 4-4-2012 BY TRF CHUNNI LAL KHETRAPAL UTR-IBKLH12095000757 TRF FROM 00814770018 10,00,000.00 40,65,853.50 Cr 12-4-2012 12-4-2012 BY TRF 1,477.00 40,67,330.50 Cr 1-5-2012 1-5-2012 CA RT CHG 18.250- Cr 1-5-2012 1-5-2012 CA RT CHG 18.250- Cr 31-8-2012 31-8-2012 BY INTT 74,599.00 41,41,929.50 Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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