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TMI Blog2022 (4) TMI 1532X X X X Extracts X X X X X X X X Extracts X X X X ..... erated different Proceeds of Crime (POC). The main offence which generated this Proceed of Crime (POC) falls within the category of scheduled offence, therefore, Directorate of Enforcement initiated investigation with regard to laundering of this money which was actually the Proceeds of Crime (POC) generated by these different offences - The averments in this complaint are clear that different offences were committed by different persons and these different offences generated different POC, however this complaint is filed after clubbing all these Proceeds of Crime (POC) in one investigation, whereas every money laundering of each and every Proceed of Crime (POC) is a distinct offence under section 3 of the PMLA punishable under section 4 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e with law. - Misc. Criminal Case 454/2021 - - - Dated:- 28-4-2022 - Pradeep Pant, Special Judge (PMLA) ORDER Called out. 2. Learned Special Public Prosecutor Sri. D.P. Singh for Directorate of Enforcement is present. 3. Heard the learned Special Public Prosecutor and perused the complaint. 4. This complaint is filed under section 44 and 45 of the Prevention of Money Laundering Act, 2002 (hereinafter after referred as PMLA) against accused persons Dinesh Pratap Singh (A1), Bhagat Singh Fonia (A-2), Sanjay Kumar Chauhan (A-3), Madan Mohan Padlia (A-4), Bhole Lal (A-5), Anil Kumar (A-6), Vikas Kumar (A-7), Harjinder Singh (A-8), Charan Singh (A-9), Ravinder Singh (A-10), Navneet Singh (A-11), Balwant Singh (A-12), Barind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said forged/back dated orders and land revenue records were used to fix/ determine higher rate of compensation for the land at non agriculture rate. That subsequently compensation was paid to the land owners at a higher rate which resulted compensation amount being inflated by 8 to 9 times more and by doing so, huge revenue lose to the tune of 500 crores approximately has been caused to the government treasury. The Spacial Investigation Team (SIT) was constituted to investigate the matter and various charge-sheets were filed. As some of the offences described in the FIR no. 32 of 2017 were scheduled offences covered under part A of paragraph 1 under the schedule to the PMLA, an Enforcement Case Information Report (hereinafter referred a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d another charge-sheet no. 02D of 2019 dated 08.08.2019 against 5 person including A-13. Thereafter on the basis of the written complaint of the investigating officer, Sri. Swatantra Kumar Singh, one more FIR no. 47 of 2018 dated 26.01.2018 was registered against Smt. Priya Sharma and Sudhir Chawala, directors of M/s Allied Plus Infra and others Pvt. Ltd. at Rudrapur Police Station, Udham Singh Nagar under section 420, 467, 468, 471 of IPC. It was mentioned in the FIR the land of five brothers Ajmer Singh, Sukhdev Singh, Gurvej Singh, Sukhwant Singh and Satnam Singh was acquired which was declared as non agriculture on the basis of forged/ back dated order of section 143 of UP.Z.A. and L.R. Act and due to this compensation amount to the tun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the connivance of some government officials various conspiracies were hatched by different land owners to declare their land as non agricultural land to get 10 to 12 times more compensation. Each and every such conspiracy constituted a different offence and these all offences generated different Proceeds of Crime (POC). The main offence which generated this Proceed of Crime (POC) falls within the category of scheduled offence, therefore, Directorate of Enforcement initiated investigation with regard to laundering of this money which was actually the Proceeds of Crime (POC) generated by these different offences. 8. The averments in this complaint are clear that different offences were committed by different persons and these differ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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