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TMI Blog2022 (12) TMI 1374X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Money Laundering Act, 2002 (herein referred to as "PMLA") read with section 439 CrPC, the accused-applicant seeks bail in Session Case No.1004 of 2021 (ED Vs. K.A. Rauf and others), arising out of ED Case No. ECIR/02/HIU/2018, under Section 3/4 of the PMLA lodged at Police Station Enforcement Directorate, District Lucknow. 3. The accused-applicant is a press reporter duly accredited by the Press Council of India; he had been working for AZHIMUKHAM.COM since January, 2020; he was travelling to Hathras (U.P.) to cover up an incident which had received wide coverage in print and electronic media. It appears that the accusedapplicant was travelling to Hathras on direction given by Mr. Sasidharan, Manager of the said news portal AZHIMUKHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tered criminal conspiracy with Noufal Sherif, Muhammed, Shafeeque Payeth and other associates, who are settled abroad to fraudulently transfer money from abroad relating to international trade of goods. The money so obtained by K.A. Rauf Sherif as a result of criminal activities relating to the offence of criminal conspiracy qualified as proceeds of crime. The part of the proceeds of crime so acquired and possessed by K.A. Rauf Sherif and his associates, who are settled abroad, was for the purpose of purchasing land and in this manner a part of the amount was deposited in his account to enable him for its future use. The proceeds of crime generated through the offence of criminal conspiracy under Section 120-B IPC, which is scheduled offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,000/-, no other transaction has been shown in the account of the accusedapplicant or Atikur Rahman. 8. Learned counsel for the accused-applicant submits that except for bald allegation that the accused-applicant has dealt with a part of the proceeds of crime or he used the proceeds of crime pursuant to criminal conspiracy hatched by K.A. Rauf Sherif, there is nothing, which has been mentioned in the detailed complaint that how much money was used by the accused-applicant or any other money was transferred except for Rs.5,000/-, which was transferred in the bank account of Atikur Rahman. The learned counsel further submits that mere association of the accused-applicant with PFI, even if it is believed to be true, would not make out an offe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sferred in the bank account of co-accused, Atikur Rahman that itself may not be sufficient to prove that the accusedapplicant has dealt with the proceeds of crime amounting to Rs. 1,36,14,291/-which had been allegedly received by K.A. Rauf Sherif. 12. Considering the aforesaid facts, coupled with the contention on behalf of the accused-applicant that in the present case the twin conditions, as mentioned under Section 45 of the PMLA, are not attracted inasmuch as the proceeds of crime is less than Rs.1 Crore and there is no likelihood of the accused-applicant to commit the same offence in future, and the fact the accused-applicant has already been in prison in predicate offences from 05.10.2020 till he was enlarged on bail by the Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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