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TMI Blog2022 (12) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... covered by the definition of offence of money laundering as defined under Section 3 of the PML Act. The proceeds of crime was projected in the form of two immovable properties and bank balance available in various accounts in which proceeds was received from abroad - Shri Tabish Mansoor was found to be involved in running of 112 out of 263 numbers of Reliance WLL phones in association with Shri Shafaat Ejaz Siddiqui and he was found to be in possession of proceeds of crime in cash worth Rs.10,20,000/- which was concealed by him for the purpose of money laundering. Rigors of Section 45 of the PMLA have to be applied while considering the prayer for grant of anticipatory bail. This court is of the view that there is sufficient documentary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel appearing for Directorate of Enforcement. 2. These two applications have been filed under Section 438 Cr.P.C., 1973 read with Section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PMLA') in Complaint Case No.1 of 2014 arising out of ECIR 15/ PMLA/LZO/2012 under Section 3/4 of the PMLA Police Station Directorate of Enforcement Directorate Lucknow. 3. The accused-applicants have earlier approached this Court by filing applications under Section 482 Cr.P.C. Nos.79 of 2016 and 3458 of 2014 arising out of Complaint Case No.01 of 2014, however, this Court dismissed the said petition vide detailed judgment and order dated 10.04.2018. Relevant part of the said judgment reads as under:- 22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offences punishable under Sections 419, 420, 467, 468, 471 and 120B I.P.C. against Shri Shafaat Ejaz Siddiquie s/o Shri Ejaz Ahmad, Shri Rahat Ejaz Siddiqui s/o Shri Ejaz Ahmad, Shri Shafqat Ejaz Siddiqui s/o Shri Ejaz Ahmad, Shri Danish Khan s/o Shri Mansoor Ahmad, Shri Vinay Pratap Singh s/o Shri Rameshwar Singh, Shri Tabish Mansoor s/o Shri Mansoor Ahmad and other unknown persons. The Anti Terrorist Squad (ATS) of UP police conducted the search operations on 17.08.2011 at three premises located in Lucknow in pursuance of the said FIRs and recovered and seized 263 Reliance WLL phone sets, Rs.65.87 lacs in cash and other relevant items/ documents. On completion of investigation by the police three charge-sheets bearing Nos. 02/2011, 03/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich would be more than the cost of such calls made by the accused, out of the payments made at higher rates to the foreign service provider, as per arrangements made by Mr. Jim Carry and Shri Noor Aziz. The commission was received in various bank accounts of the accused/ his relatives etc. through Western Union Money Transfer and also allegedly by hawala. 9 . It was alleged that Mr. Jim Carry resident of Spain and Shri Noor Aziz resident of Pakistan presently in Saudi Arabia contacted the accused persons, namely Shri Shafaat Ejaz Siddiquie and Shri Rahat Ejaz siddiqui both sons of Shri Noor Aziz resident of Jaunpur and others in India, over Telephone/ Email and provided them with some International telephone numbers and directed them to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Case Crime No.03/2011 of ATS (one of the 3 cases booked by the ATS) revealed that as many as 112 WLL (wireless in local loop) phones of Reliance company were recovered and seized by the ATS from the residential premises of Shri Tabish Mansoor located at 536/265/3/7, New Madeyganj, Khadra, Lucknow. 11 . During the course of investigation, the accused, Shri Shaffat Ejaz Siddiqui s/o Shri Ejaz Ahmad confessed before the police authorities in his statement dated 17.08.2011 as having made approximately 10,000 such international calls and received Rs.5.0 crores approximately in his own bank accounts and in the bank accounts of other accused persons namely, Shri Rahat Ejaz Siddiqui (his brother), Shri Tabish Mansoor (his relative) s/o Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e clearly covered by the definition of offence of money laundering as defined under Section 3 of the PML Act. The proceeds of crime was projected in the form of two immovable properties and bank balance available in various accounts in which proceeds was received from abroad. 16. Shri Tabish Mansoor was found to be involved in running of 112 out of 263 numbers of Reliance WLL phones in association with Shri Shafaat Ejaz Siddiqui and he was found to be in possession of proceeds of crime in cash worth Rs.10,20,000/- which was concealed by him for the purpose of money laundering. 17. Rigors of Section 45 of the PMLA have to be applied while considering the prayer for grant of anticipatory bail. This court is of the view that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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