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TMI Blog2023 (11) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... ich shows that all the persons are influential one, few of them are part of system. In case of Trilok Singh Dhillon statement of Sanjhiv Fatehpuria Kamlesh Kumar Kesharwani was seen wherein the specific role played by Trilok Singh Dhillon has been explained - In respect of Anwar Dhebar all the witnesses have named him in their respective statements and attributed the role played. Section 45 of the PMLA envisages that when the Public Prosecutor opposes the application and the Court is satisfied that there are reasonable grounds for believing that the applicant is not guilty of such offence; and that he is not likely to commit any offence while on bail, the bail can be granted - after going through the statements of witnesses, filed with reply, the ways and means have been disclosed which inculpate the applicant, at this stage, the first part of condition of Section 45 that applicants are not guilty of offence of money laundering cannot be presumed. In the case in hand, the complaint has already been registered in pursuance of registration of scheduled offence, proceeds of crime has also been recovered and after enquiry the complaint has been filed and it is pending before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Harshwardhan Parganiha, Ms. Saloni Verma, Mr. Harshit Sharma, Mr. Manish Mishra Mr. Prashant Pandey, Advocates M.Cr.C. No.5718 of 2023 Mr. Rajeev Shrivastava, Senior Advocate with Ms. Isha Jajodia, Ms. Anu Mishra, Mr. Saurabh Sahu Ms. Kajal Chandra, Advocates For Respondent : Dr. Saurabh Kumar Pande, Advocate for the respondent in all the bail applications. 1. Since all the bail applications are arising out of Crime (ECIR) bearing No. ECIR/RPZO/11/2022 they are being heard and decided together by this common order 2. The applicants have preferred these bail applications under Section 439 of the Cr.P.C. for grant of bail as they have been arrested in connection with the complaint filed by the Directorate of Enforcement, Government of India under Section 44 read with Section 45 of the Prevention of Money Laundering Act, 2002 (for brevity the PMLA ) for the offence under Section 3 and 4 of the PMLA in ECIR/RPZO/11/2022 wherein the present applicants have been named as an accused. MCRC No.5718 of 2023 (Arunpati Tripathi) : 3.(i)The allegation made against Arunpati Tripathi is that he along with Tuteja Ms Saumya Chaurasia, in collusion with e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he PMLA and according to the statement he had given ₹ 25.00 crores to one Laxminarayan Bansal in cash as per the direction of Anwar Dhebar. According to the ED statement of Arvind Singh money was being distributed in three categories e.g. Commission (Part A), Unaccounted Liquor (Part B) and percentage (Part C) whereby 9 shareholders got the benefit of it. Nitesh Purohit further stated he had a close proximity and friendship with Anwar Dhebar and were working in consortium. MCRC No.5056 of 2023 (Trilok Singh Dhillon) : 5. As against Trilok Singh Dhillon, it is alleged that the ED investigation has revealed that from the financial year 2019-20 to 2022-23 illegal earning to the tune of ₹ 2000 crores was generated by the syndicate in different way of commission in Part A, B C and commission from FL-10A licence holders. According to the ED, this applicant knowingly participated in the criminal acts of the syndicate and is in possession of proceeds of crime. The applicant herein was roped in by the syndicate for safe keeping and concealment of the illegal commission. He received the part A commission from the liquor suppliers in his bank account. Trilok Singh is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was responsible for collection of every single penny of the proceeds of crime. (iv) It was further alleged that Anwar Dhebar apart from collecting commission on sale of accounted liquor (part A) and sale of unaccounted kacha illegal liquor (part B) was also collected bribes from the main distillers so that they can form a cartel and divide the entire market share among themselves. This was known as Part C earning. (v) It was also stated that investigation conducted also revealed the role of AJC Agro Trade Pvt. Ltd., which is associated with Anwar Dhebar and was used by him to earn commission in banking channel and he asked the distillers to purchase grains through AJS Agro Trade Pvt. Ltd. Co-accused Arunpati Tripathi has disclosed the role played by Anwar Dhebar and the statements of Naveen Kedia, Bhupendra Pal Singh Bhatia and Rajendra Jayaswal have disclosed that they were called by Anwar Dhebar in a meeting and asked to give commission of ₹ 75/- per case in sale of country liquor. It was further stated that huge properties were purchased by Anwar Dhebar by the proceeds of crime and invested in different real estate business. 7.(i) Mr. Puneet Bali and Mr. Praful ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the order dated 7-8-2023 passed by the Supreme Court with respect to the FIR lodged at Noida wherein the Uttar Pradesh police were also directed not to take any coercive steps till the next date. (v) Learned counsel would next submit that initially the complaint having been made from which the ECIR was filed, as on date no offence can be said to have pending. They would lastly submit that the charge sheet though has been filed but cognizance has not been taken and as such the applicants may be released on bail. 8.(i)Mr. Surendra Singh and Ms. Fouzia Mirza, learned Senior counsel appearing with Mr. A.C. Singh, Mr. Harshwardhan Parganiha, Ms. Saloni Verma, Mr. Harshit Sharma, Mr. Manish Mishra Mr. Prashant Pandey, learned counsel for the applicant in MCRC No. 5056 of 2023 (Trilok Singh Dhillon), while adopting the arguments advanced on behalf of the applicants namely; Nitesh Purohit Anwar Dhebar would submit that neither at Tis Hazari Court nor in the FIR at Noida, name of this applicant has not been taken. (ii) Learned counsel would further submit that according to the ED, the income was assessed for the year 2020-21. The applicant has filed his income tax return, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations may be dismissed. 11. I have heard learned counsel appearing for the parties and perused the documents. 12. As per the ED, the syndicate collected the illegal money in the following four mechanisms : (I) Part A : Illegal commission charges from the liquor suppliers on the accounted sale of liquor in Chhattisgarh. (II) Part B : Sale of off-the-record unaccounted country liquor (popular in Chhattisgarh) from State run shops. This was done with the active involvement of distillers, hologram, manufacturer, bottle maker, transporter, man power management, District Excise Officials. (III) Part C : Annual commission paid to allow distillers to operate in the State. (IV) FL-10A License : introduction of private wholesaler to earn illegal profit. 13. I have gone through the statements recorded in various cases of Arunpati Tripathi and Vidhu Gupta wherein role of Arunpati Tripathi has been stated and specially in the statement of Vidhu Gupta the role of Arunpathi Tripathi has been elaborated. Likewise in the case of Nitesh Purohit, apart from the statement of Nitesh Purohit under Section 50 of the PMLA, Arvind Singh had stated the mod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preceding the expression projecting or claiming as or ; and being a clarificatory amendment, it would make no difference even if it is introduced by way of Finance Act or otherwise. (b) Independent of the above, we are clearly of the view that the expression and occurring in Section 3 has to be construed as or , to give full play to the said provision so as to include every process or activity indulged into by anyone. Projecting or claiming the property as untainted property would constitute an offence of money-laundering on its own, being an independent process or activity. (c) The interpretation suggested by the petitioners, that only upon projecting or claiming the property in question as untainted property that the offence of Section 3 would be complete, stands rejected. (d) The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which constitutes the offence of money- laundering. The Authorities under the 2002 Act cannot prosecute any person on notional basis or on the assumption that a schedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions and disregarding the express language of definition clause proceeds of crime , as it obtains as of now. 19. Perusal of the aforesaid decision would show that the authorities under the PMLA cannot resort to action against any person for money laundering on an assumption that the property recovered by them must be proceeds of crime and that a scheduled offence has been committed, unless the same is registered with the jurisdictional police or pending inquiry by way of complaint before the competent forum. 20. In the case in hand, the complaint has already been registered in pursuance of registration of scheduled offence, proceeds of crime has also been recovered and after enquiry the complaint has been filed and it is pending before the competent Court. Apart from it is not a case of defence that scheduled offence has not been registered with the jurisdictional police. Applicants have not been finally absolved of their offences by a Court of competent jurisdiction by an order of discharge, acquittal or quashing of a criminal case of a scheduled offence, therefore, the attempt to take a guard pursuant to para 33 of the judgment cited above would be a misinterpretation. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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