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TMI Blog2022 (11) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... ial No.1 of 2021, M/s Directorate of Enforcement (PMLA) Vs. Ms. Wit Edulink Pvt Ltd, by the court of Special Judge, PMLA/Sessions Judge Dehradun ("the case"). By it, both the petitioners have been summoned under Section 4 of the Prevention of Money Laundering Act, 2002 ("the Act"). 3. Heard learned counsel for the parties and perused the record. 4. Facts necessary to appreciate the controversy, briefly stated, are as follows: Reports were received by the police that the petitioners and others conspired and cheated various persons to the tune of Rs. 1.49 Crores by dishonestly inducing them in getting admission in the Post-Graduation Course under Management Seat in the Himalayan Institute & Hospital Trust, Jolly Grant, Dehradun (HIHT Medica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been made to the statements and averments in the complaint filed in the case. It is submitted that there is no ground to make any intervention. 8. Section 3 of the Act defines money laundering. It is as hereunder:- "3. Offence of money-laundering.-Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering. Explanation.-For the removal of doubts, it is hereby clarified that,- (i) a person shall be guilty of offence of money-laundering if such person is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equivalent in value held within the country or abroad; Explanation.-For the removal of doubts, it is hereby clarified that "proceeds of crime" include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence;" 11. In the complaint filed against the petitioners and others, the role of both the petitioners is categorically spelled out. It is as hereunder:- "15.6 Sandeep Gupta (Accused No.6) Sandeep Gupta one of the accused who has played an active role in inducing the complainants in getting admission in the Post Graduation course in HIHT Medical College, Jolly Grant, Dehradun. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jolly Grant, Dehradun. He was the friend and driver of Rajeev Rana and accompanied him to Dehradun to assist him in his work. Surjeet Singh in connivance with other accused persons has generated huge funds to the tune of Rs. 1.29 Cr. through criminal activity related to the scheduled offence. He used to get commission for assisting Rajeev Rana in the said work. These funds are nothing but proceeds of crime generated through criminal activity related to the scheduled offence. Thus, Surjeet Singh is one of the main architects involved in aiding and abetting of the money laundering activities indulged in by the accused persons. He was the friend and driver of Rajeev Rana and he used to accompany him to Dehradun to assist him in his work an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Delhi on 17.03.2015 in the morning and Sh. Rajeev Rana met me at Hazrat Nizamudin Railway Station at 5:00 AM and took me to Dehradun by his (i) 10 Dark Gray Colored Car bearing registration No. DL-8CZ8841 and at Ghaziabad one more person namely Sh. Surjeet Singh also joined us and we all three reached HIHT, Jolly Grant, Dehradun at about 2:30 PM. At HIHT we went to Cancer Department where three persons namely Sh. Rohit Chauhan, Sh. Ankush Sagar Khatri & Sh. Sandeep Gupta were introduced by Shri. Rajeev Rana to me as employee of Administration Wing of HIHT. They all showed me college but did not allow me to talk to any faculty or resident doctors. There after we all left HIHT for Hotel Madhuban Dehradun. Shri Ankush Khatri and other two p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Code of Criminal Procedure, 1973 is quite wide but much restricted by the principles of law as laid down by the Hon'ble Supreme Court in umpteen judgments. In case prima facie case is made out, generally interference is not warranted in this jurisdiction. 17. What is being argued is that the role of the petitioners does not make out any case. The witnesses have categorically told about it. Not only Dr. Tarun Rao but other witnesses have also stated about the role of the petitioners. It is not a case of mere presence of the petitioners, which is the basis of their implication. It is the case of assisting someone to acquire proceeds of crime. The role assigned to the petitioners is that they assisted someone to acquire and conceal the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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