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TMI Blog2023 (3) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed. - CRM-M No.46480 of 2022 (O&M) - - - Dated:- 24-2-2023 - HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present: For the Petitioner : Mr. Prateek Pandit, Advocate. For the respondent : Mr. Vishal Gupta, Advocate. **** RAJ MOHAN SINGH, J.(Oral) [1]. The petitioner has preferred this petition for grant of regular bail in case bearing FIR No.ECIR/02/STF/2021 dated 21.01.2021 registered under Sections 44 and 45 of the Prevention of Money Laundering Act, 2002 (for short 'the PMLA 2002) for commission of offence of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 and punishable under Section 4 of the PMLA, 2002. [2]. Admittedly the petitioner has already been convicted in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggling the aforesaid Narcotic substance. The accused Manjit Singh son of Boota Singh was in close contact with Major Singh Bajwa, who used to do smuggling of narcotic substances from Pakistan through his close associate namely Kalu @ Imtiaz, who is based in Lahore. For that purpose he paid money in England. Further Major Singh Bajwa asked Manjit Singh to find interested persons in India for smuggling of Heroin from Pakistan. Manjit Singh arranged the gang of aforesaid persons for smuggling of contraband from Pakistan and disposal thereof. [6]. After full-fledged trial, the Special Court, Fazilka convicted the petitioner and sentenced him to undergo rigorous imprisonment for a period of 20 years with fine along with default mechanism. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Manjit Singh (his driver) and Manjit Singh (UK) were also involved in the said case registered under NDPS Act; e) He has 20 Kile ancestral agriculture land, five shops (constructed by his father on their ancestral land), one Creta Car purchased in 2015 which is registered in the name of his son Manbir Singh and one show room in Ludhiana. 3.14.1 Statement of Gurdev Singh S/o Shiv Singh was recorded on 16.02.2021 (RUD-64), under Section 50 of Prevention of Money Laundering Act, 2002, wherein he inter-alia stated that, - a) he was using mobile number 8253000050 at the time of recording of his statement and his previous mobile number was 9814400050, and his sister Ms. Charanjit Kaur;s mobile number is +447984411802; b) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh was recorded on 01.10.2021 (RUD-65), under Section 50 of Prevention of Money Laundering Act, 2002, wherein he, inter-alia, stated that,- a) he owned 20 Kile agriculture land; out of which he had purchased 13 Kanai of land in 2005 and 3 Kanai in 2008-09 and rest of the land is his ancestral land; b) he has a showroom measuring to 800 to 900 square feet in Ludhiana, which was purchased by him in 1999 or 2000; c) he has 5 shops in his village, which were constructed in 2005-06 and apart from this, he also have 5 more shops in his village which were constructed by his father; d) his son Manbir Singh purchased a Creta Car in October .2015; e) he came into contact with Major Singh Bajwa (stayed in England) throug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and genesis on the basis of involvement of one Sukhpal Singh Khaira, who was summoned with the aid of Section 319 Cr.P.C. and now the Criminal Appeal No.885 of 2019 has been allowed by the Hon'ble Apex Court thereby exonerating the aforesaid Sukhpal Singh Khaira from the charges. [9]. Learned counsel for the petitioner further submits that perusal of the statement of the accused would indicate that his complicity is based only on account of involvement of Sukhpal Singh Khaira under Section 319 Cr.P.C. [10]. Learned counsel for the petitioner has taken me to the judgment rendered in BA No.1021 of 2022 titled 'Anil Vasantrao Deshmukh vs. State of Maharashtra' decided on 04.10.2022 by the High Court of Judicature at Bombay ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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