9911796707
TMI Blog2023 (4) TMI 478X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 IPC along with the offences under sections 3, 4, 5 of the Explosive Substance Act,1908 into the matter of illegal mining are schedule offences under PMLA. Offence of money-laundering being continuous in nature, the curtain has not been rung down, with final form submitted in two of the cases, as the cases of illegal mining activities are still in the process of being investigated. The investigation is not confined to 83 lakhs so far seized in the account of the petitioner but it has revealed larger transactions that took place from his account and therefore the plea of bail for the crime proceeds being less than one crore under section 45(1) of PMLA is not sustainable in the eyes of law. With regard to the health condition of the petitioner the jail authorities are directed to provide medical facilities and treatment as per the Jail Manual. However, there does not exist any special ground for grant of bail on health grounds at this stage. The prayer for regular bail is rejected. X X X X Extracts X X X X X X X X Extracts X X X X ..... estigation 47 number of searches were conducted on different dates from 8.7.2022 to 24.8.2022 in which Rs 5,34,44,400/ cash was seized and bank balances amounting to Rs 13,32,26,570/, an inland vessel along with 5 crushers were frozen. 5. This petitioner had several financial transaction with Bhagwan Bhagat and he was directed to do trading of stone chips in his name. 20 rakes were booked by Bhagwan Bhagat in the name of Pankaj Mishra and the sale proceeds so obtained were credited in his name. 6. The petitioner was controlling illegal mining activities and ferrying through ships/ferry in Sahebganj. Petitioner enjoys political clout , being the representative of the Chief Minister, Jharkhand who is also MLA from Barhait, Sahebganj. 7. Fair estimate of potential of illegal income from these tolls can be imagined from the fact according to ED 1844 trucks/vehicles carrying stone chips were ferried through inland water ways and out of these 1844 trucks 412 trucks were carrying stones without obtaining desired mining challans and the crime proceeds generated in the process was somewhere around Rs. 9,22,000. 8. For last two years since 2020, nearly 3531 rakes have been loaded with st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red with the jurisdictional police and/or pending enquiry/trial including by way of criminal complaint before the competent forum. If the person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him or any one claiming such property being the property linked to stated scheduled offence through him. Further reliance has been placed in the case of Indrani Patnaik & Anr. vs. Enforcement Directorate & Ors., passed in Writ Petition (Civil) No.368 of 2021 whereby the accused was acquitted of the charges for scheduled offence and on that ground the prosecution under the PMLA was quashed with a liberty to revive the case if new facts come to light. Reliance is also placed in the case of Directorate of Enforecement v. Gagandeep Singh, 2022 SCC OnLine Del 514 wherein it has been held that since no offences were made out against the respondents as specified in the Schedule of the PMLA, the offence under Sections 3/4 of the PMLA also, do not arise as the involvement in a scheduled offence is a prerequisite to the offence of money laundering. 15. On f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21. It is submitted that Section 45 of PML Act will not apply to persons who are seek. Money laundering exception carved under this provision for the offence less than One Crore and as per the prosecution complaint there was attachment only with respect to Rupees Eighty Three Lacs. STAND OF ED 22. Learned ASGI appearing for ED has vehemently opposed the prayer. It is submitted the epicentre of the illegal mining is the District of Sahibganj. The illegal mining was being carried out rampantly in the area of stone chips used in construction works, at huge loss to the public exchequer as well as to the environment. This illegal mining was carried out in contravention not only of the norms and rules under Pollution and Environment Act but it was a theft of public property in the forms of mines. The crime proceeds being generated by this large-scale illegal activity is being projected as untainted by various means making out a prima facie case of money-laundering. 23. The trigger for the institution of the ECIR No.03 of 2022 against this petitioner was F.I.R. No.85 of 2020 and also the F.I.R. No.146 of 2021. But these were not the only cases which related to illegal mining and as ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were being laundered by different means by him. 27. With regard to money laundering aspect, it is submitted that no cash has been seized from this petitioner however, the Bank account of this petitioner has been cited that crime proceeds to the tune of Rs.83,78,904.22 is lying in bank account of this petitioner, has been freezed vide O.A.695 of 2022 and retention order has been passed vide O.A.695 of 2022 dated 06.08.2022. Against which the appeal has been filed before the appellate authority under Section 26 of PML Act. 28. It is submitted that the bail of co-accused Prem Prakash has been rejected by this Court. 29. It is submitted by the learned counsel that Type 2 Diabetes is not life threatening and very large section of population is suffering from it. Petitioner has high political administrative link and is using mobile phone while in custody regarding which E.D. has already filed complaint before Special Judge. 30. After having considered the rival submissions and materials on record it is apparent that there is a prima facie case about the large-scale illegal mining activities being carried out in the district of Sahebganj over the Rajmahal Hills. The scheduled offence ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
