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TMI Blog2023 (6) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... r illegal transactions operated by the main accused Suryakant Tiwari as per the dictates of the present applicant, who being a public servant used Suryakant Tiwari and Manish Upadhyay her a front men. Having perused the entire voluminous documents produced by either side, the magnitude of the amount involved in the so called scam or the economic offence is incomprehensible. Further, the number of persons involved in the commission of the offence directly or indirectly and many of them being part of the bureaucracy itself and the period of commission of the offence spanning considerable period of time makes the gravity of the offence graver. What is required to be seen is the gravity and magnitude of the offence - An economic offence is a rampant and pervasive social wrongdoing; each country on the planet is confronting this socio-economic challenge in one or the other form. It is the most consequential threat to a nation s economy at large. It's nothing but another attempt to satisfy an individual s greed over need. For the law enforcement agencies, it becomes a Herculean task to conduct interrogation and gather evidence since tampering of evidence is easy given the nexus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmoned and finally the applicant was arrested on 02.12.2022. The applicant is said to be the officer of the State Civil Services in the State of Chhattisgarh posted as a Deputy Secretary in the office of the Chief Minister of Chhattisgarh working on the post as OSD to CM. 4. As per the prosecution case, it is alleged that she is actively associated with the aforenamed main accused Suryakant Tiwari. The investigation conducted by the Income Tax Department as also by the Enforcement Directorate would reveal that there were very close connections between the present applicant and the main accused Suryakant Tiwari and there were also financial transactions of large magnitude between the two. It is alleged that it was Suryakant Tiwari, who was acting as a middle man for the present applicant in receiving and conveying instructions from the present applicant at various levels for the purpose of extracting illegal money. It is alleged that the present applicant and the main accused Suryakant Tiwari were involved in the illegal extortion from the coal transporters working in the Coal Mines within the State of Chhattisgarh. 5. As per the prosecution, the materials collected in the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be entitled for the benefit under the exceptions carved out under Section 45 of the PMLA. According to the Senior Counsel appearing for the applicant, she being a woman would be entitled for the benefit of first proviso to Section 45(1) of the PMLA. It was the further contention of the learned counsels appearing for the applicant that now that the investigation is complete, there is no further requirement of the applicant to be further undergo custody. Moreover, the applicant has cooperated with the Investigating Agency on all occasions and that there is no further possibility of the applicant misusing the bail or would influence in any manner the investigation or tempering of the evidence nor is there any possibility of the present applicant absconding either. 8. It has been contended by the applicant that she is innocent and that she has been falsely implicated in the case with ulterior political motives. It was the further contention of the applicant that there was no likelihood of the trial being completed expeditiously or within a reasonable period of time and therefore also the applicant should not be subjected to further incarceration. The counsel undertakes that the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f such menace of Money Laundering within the country the applicant in the factual scenario of the case is not to be released on bail. It was the further contention of the learned ASG that given the amount of influence that the applicant commands within the government and also considering the nexus that the applicant has with the other accused persons, there is all likelihood of the present applicant using her position, influence and power, try to tamper the evidence, witnesses, etc. for which also the present applicant may not be released on bail. 12. Having heard the counsel appearing on either side and on perusal of documents produced along with the bail application, what is apparently evident is that the prosecution in the course of the investigation has collected substantial materials showing strong nexus between the applicant and the other accused persons in the said crime. From the documents produced in the Court during the course of hearing, there seems to be prima-facie materials collected establishing Money Laundering at the hands of the present applicant and the other accused persons. The prosecution has been able to show documents collected in the course of the search ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considerable period of time makes the gravity of the offence graver. What is required to be seen is the gravity and magnitude of the offence. Economic offences are on the rise not only within the State, but also in the Country. It was in this context that the very Act (PMLA) was enacted in the year 2002. The intention and object behind the enactment of the Act itself is to ensure curbing of such acts of Money Laundering. When such acts are done by public servants having power and influence of the office that they hold, the gravity of the offence enhances. What is also to be looked into is that if people against whom such offences are charged are released on bail as a matter of routine, the faith of the society in the system itself would get shaken and it may have strong adverse effect in the mindset of the present generation. 17. Economic offences constitute a distinct class in itself. Of-late the economic offences within the State and outside and within the country is on a steep rise. One of the major reasons and objects behind framing of the PMLA itself was to put a curb on such economic offences. It has deep rooted conspiracies involving huge amount of public money and it ha ..... 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