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TMI Blog2022 (12) TMI 1243X X X X Extracts X X X X X X X X Extracts X X X X ..... rred to as the "NRHM") launched by the Government of India on 12.04.2005 with a view to provide accessible, adequate and affordable health service to all persons, particularly, to vulnerable section of the society, residing in remote areas. The separate Memorandum of Understandings were entered into between the Central Government and the State Governments for decentralizing the implementation of the scheme and mobilizing the resources for implementing the said scheme. Such a Memorandum of Understanding with the Government of Uttar Pradesh was entered into on 12.11.2006. As per the said Memorandum, 85% funds were to be provided by the Central Government whereas the State Government was to contribute 15% of the total funds for the Mission. 4. The State Health Society (hereinafter referred to as the "SHS") was established under the Chairmanship of Chief Secretary, Government of Uttar Pradesh and the existing State Agencies involved in implementation of tuberculous, blindness and leprosy eradication as well as other State Empowered Committee for RCH etc. were merged with he SHS. 5. On the allegation of large scale bungling, misappropriation and cheating of public funds, while impleme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to Chief Medical Office of District Bahraich, Shravasti, Balrampur and Gonda for purchase of medicines, equipment and surgical equipment under the NRHM against various government suppliers, private firms and companies. 10. In FIR No. RC/DST/2012/A/0001 several charge-sheets came to be filed, while in FIR No. RC/DST/2012/A/0003 the CBI filed five charge-sheet bearing charge sheet nos. 02 of 2014 to 06 of 2014 dated 28.02.2014. 11. Accused-applicant, Satish Kumar Kashyap, who was working on the post of Chief Pharmacist in the office of Chief Medical Officer, Gorakhpur, stood retired from the said post on 28.02.2019. 12. Accused-applicant, Savita Srivastava is the Proprietor of M/s B. L. Enterprises and manages the affairs of the firm, M/s Medicine Times on the basis of the power of attorney, whereas accused-applicant, Pooja Srivastava is the Proprietor of M/s Sristhi Enterprises. These firms had supplied certain items to the office of Chief Medical Officer, Shravasti allegedly at exhorbitant price under the NRHM for the year 2008-2009 and 2009-2010. 13. Allegation against the accused-applicant, Satish Kumar Kashyap is that while he was posted as Pharmacist in Gorakhpur, he ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the accused-applicants, is that since the proceeds of crime, which have been attached by the ED in both the cases is less than Rs. 1 Crore, the complaints filed by the ED against the accused-applicants are not cognizable and no cognizance could have been taken by the learned Sessions/Special Judge and further proceedings are nullity. 19. On the other hand, Mr. Kuldeep Srivastava, learned counsel for the respondent - ED Directorate, has submitted that based on FIR No. RC/DST/2012/A/0001 dated 23.02.2012 registered by the CBI, STF, New-Delhi, ECIR/10/PMLA/LKZO/2012 was registered on 14.04.2012 in the Zonal Office of ED, Lucknow against the accused persons for commission of offence under Section 3 of the PMLA punishable under Section 4 of the PMLA and accordingly the case was taken up for further investigation by the ED. The learned counsel has further submitted that the proceeds of crime was identified to the tune of Rs. 01,02,41,900/- in terms of Section 2(1)(u) of the PMLA and proceeds of crime, amounting to Rs. 56,37,860/- could be attached by by PAO No.9 of 2019 dated 31.12.2019 under Section 5 of the PMLA and the same has been confirmed by the Adjudicating Authority of the P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crime is Rs. 1 Crore or more. The offence of money laundering is made punishable for activities related to money laundering but not the quantum of money. The attachment proceedings are associated with civil proceedings mentioned in the PMLA. Even for the civil action i.e. attachment of proceeds of crime and property under the PMLA, it is not a condition precedent that against such a person, there should existing proceedings under scheduled offences. The definition of proceeds of crime and property under the PMLA would allow for confiscation of property derived or obtained directly or indirectly from proceeds of crime relating to a scheduled (predicate) offence, including income, profit and other benefits from the proceeds of crime. These definitions also allow for confiscation regardless of whether the property is held or owned by a criminal or a third party. In paragraph-65 of the Vijay Madanlal Choudhary and others Vs. Union of India and other's case (supra) it has been held is as under:- "65. Mr. Siddharth Aggarwal, learned senior counsel, also appeared for the private parties. His main opposition is to the retrospective application of the PMLA. Certain questions are rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by referring to the notes on Clauses of the Finance Bill, 2018. It is also pointed out that similar amendments were proposed for the 1962 Act in the year 2012 and, yet, the same were dropped at the insistence of members of the Parliament." 23. Division Bench of this Court vide order dated 10.04.2018 passed in Application No.79 (Shafaat Ejaz Siddiqui and others Vs. State of U.P. and others) along with Application No.3458 (Azmat Ejaz Siddiqui and another Vs. The State of U.P. and others) filed under Section 482 CrPC, in respect of Amending Act of 2009 and its effect has held in paragraphs-22 and 23 as under:- "22. By the amending Act of 2009, the provisions of PML Act were amended and Scheduled offences under Sections 419, 420, 467, 468, 471 and 120B IPC which were in Part B of the Schedule were brought in Part A of the Schedule. Further, Part B of the Schedule was omitted. 23. Thus the offence alleged to have been committed by the petitioners in acquiring or processing etc., of proceeds of crime were always part of the Schedule appended to the PML Act. The arguments of the counsel for the petitioners that these offences were not part of the Schedule at the time when the offen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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