9911796707
TMI Blog2020 (2) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Abhay Kumar Thakur, Advocate For the Opposite Partys : Mrs. Nivedita Nirvikar, C.G.C. ORDER This is an application for grant of anticipatory bail in connection with Special Trial No. (PMLA)-11 of 2018, arising out of ECIR No. PTZO/05/2016, dated 26.12.2016, disclosing offence under Section 4 of the Prevention of Money Laundering Act, 2002. Prosecution case as per complaint lodged by the Assistant Director, PMLA in short is that earlier a Complaint Case No. 02 of 2018 was lodged against Shri Motilal, Shri Dhiraj Jain, Shri Pawan Jain, Shri Bimal Jain, Shri Rajesh Kumar Agarwal, Shri Rakesh Kumar Gupta as well as the officials of the Bank of India, G.B. Road, Gaya, in the light of the evidence emerging in course of f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt petition, also disclose that the petitioner and other accused persons were working in conspiracy and as a gang in the money laundering the said proceeds of the crime. Submission of the learned counsel for the petitioner is that complaint petition disclosed that a chart showing the placement, layering and integration, but none of the stage, petitioner is involved and moreover, petitioner has been granted anticipatory bail in Muzaffarpur P. S. Case No. 134 of 2017. Further submission is that so far this petitioner is concerned, there is absolutely nothing against him. There is no substance in the allegation of the petitioner. Learned counsel for the petitioner relying upon the reported decisions of the Hon ble Apex Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that the above Muzaffarpur Town P. S. Case No. 134 of 2017 arises from Gaya Civil Lines P. S. Case No. 339 of 2016 and 340 of 2016 originally lodged by the complainant Shashi Kumar, Rajesh Kumar Agarwal and his wife Rubi Kumari. The other accused Moti Lal in his statement under Section 50 of PMLA has also stated that all the deposit in the bank account of the complainant and subsequent transfer to the bank account of M/s Maa Tara Agency, Muzaffarpur of the huge cash handed to him by the father of this petitioner on the direction of other co-accused. The statement of Rajesh Kumar Aggarwal under Section 50 of PMLA Act also disclosed that he received the order for supply of sugar by petitioner/Shri Pawan Kumar Jain and receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Nikesh Tarachand Shah Versus Union of India and another , is concerned, Hon ble Apex Court has declared two conditions mentioned in Section 45(1) of the PMLA Act, 2002 as ultra vires. So far other decisions are concerned, that is for grant of anticipatory bail is concerned, it depends on the materials available on record in each cases. So for the present case is concerned, as discussed above, there are sufficient materials available on the record that shows the hand of the petitioner, who in collusion with several other accused persons was involved in the money laundering of crores of rupees. It further appears that on perusal of the record that prayer for grant of anticipatory bail in the money laundering case of one Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
