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TMI Blog2024 (3) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 dated 10/03/2022 lodged by the Ministry of Environment, Forest and Climate before the Judicial Magistrate First Class, Dapoli for violation of section 19 and section 15 read with section 7 of the Environment (Protection) Act, 1986. Section 15 read with section 7 being a scheduled offence under the PMLA, the said ECIR came to be registered. The applicant was arrested on 13/03/2023. 4. There are in all 6 accused in respect of the said ECIR. At the relevant time, the applicant was working as a Sub- Divisional Officer at Dapoli, posted since 19/11/2015. On 27/07/2017, an application was made on behalf of accused No. 1- Sadanand Kadam for conversion of land into NA in respect of Gat No. 446 at Murud for approximately one acre accompanied by a proposal for construction of twin bungalows. The applicant in his capacity as Sub-Divisional Officer allowed the application on 12/09/2017 and granted NA permission. The accusation is that the applicant has misused his authority as despite the land falling within CRZ- III in respect of which no permission could have been granted, the applicant knowingly proceeded to grant such permission. So far as the role played by the accused No. 1 and the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NX transpired, Accused Sadanand Kadam helped Shri Anil Parab to shift the onus and to conceal the illegalities and irregularities vis a vis construction of the said resort within CRZ-III i.e. No Development Zone, made a make-believe arrangement with Sadanand Kadam and sold the said land to him on paper, however, the fact that there was a structure over the said land was once again not brought into light in the sald sale deed. Thus, accused Sadanand Kadam by acts of using, utilizing and projecting the said property viz. Sai Resort NX (proceeds of crime), as untainted, has indulged in money laundering activities in terms of Section 3 of PMLA, 2002 and based on the investigation conducted, he was arrested on 10.03.2022 under the provisions of Section 19 of the PML Act, 2002 for his role in money laundering activities Accused Sadanand Kadam, therefore, was an active participant in the generation of proceeds of crime and actually involved in the laundering of the said proceeds of crime as defined under Section 3 and is liable for punishment under Section 4 of PMLA, 2002. 12.2 Accused Jayram Vinayak Deshpande during his tenure as SDO, Dapoli, Ratnagiri has misused his positio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o note that the co-accused No. 1 had preferred Bail Application No. 3233 of 2023 in this Court. By an order dated 06/12/2023, the application for bail came to be rejected by this Court. The order dated 06/12/2023 was challenged before the Supreme Court by way of Criminal Appeal No. 815 of 2024. The Supreme Court by order dated 12/02/2024 allowed the appeal and thereby enlarged the co-accused No. 1 on bail. According to me, the fate of this application depends much on the order dated 12/02/2024 and hence, the same is reproduced which reads thus : "Leave granted. Heard the learned counsel senior counsel appearing for the appellant and the learned ASG appearing for the first respondent/Directorate of Enforcement. The present appellant has been arrested on 10th March, 2023 in connection with the offence punishable under Section 3 of the Prevention of Money-Laundering Act, 2002 (for short, "the PMLA"). After the submissions are heard, the learned ASG has fairly left it to the Court to decide the prayer for grant of bail to the appellant. Even otherwise, we find that the appellant is entitled to be enlarged on bail in accordance with Section 45(1)(ii) of the PMLA on appropr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y prohibited as per the Coastal Regulation Zone Notification of 2011. It is then submitted that the applicant knowingly took on record a false and fabricated inspection report dated 31/07/2017 prepared by his subordinate officer, Sudhir Shantaram Pardule, Circle Officer. The report falsely stated that there was no violation of the provisions of the Coastal Regulation Zone Act. It is then submitted that the applicant deliberately with malafide intentions ignored the reply dated 12/10/2017 from Town Planning Authorities who opined against the conversion of the land into non-agricultural use and construction thereon due to its location within CRZ-III. Learned counsel submitted that the applicant passed an illegal approval order on 12/09/2017 for the conversion and construction of twin bungalows despite being aware of the illegalities. It is pointed out that upon receipt of the reply from the Town Planner advising against the conversion, he failed to cancel the illegal order or take the reply into account. My attention is then invited to the statements under section 50 of the PMLA, 2002, where the applicant admits the acts of commission and omission due to the pressure and influence fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey laundering. 12. In the light of the observations of the Special Court, it is significant to note the observations of the Hon'ble Supreme Court while enlarging the accused No. 1 on bail which is already reproduced hereinbefore. Section 45 of PMLA provides that no person, accused of an offence under this Act shall be released on bail unless twin conditions mentioned therein are satisfied. A reading of the order passed by the Supreme Court in respect of the accused No. 1 makes it clear that Their Lordships held accused No. 1- Sadanand Kadam entitled to be enlarged on bail in accordance with section 45(1)(ii) of the PMLA on appropriate terms and conditions, till the disposal of the complaint case filed by the ED under the PMLA. Further, the Supreme Court has in no uncertain terms observed that in view of the fair stand taken by the learned ASG, detailed reasons are not recorded. In view of the order enlarging the accused No. 1 on bail by the Supreme Court, the observations of the Special Court in paragraph 45 of its order assume significance. The Special Court observed that the role attributed to the applicant is that he had 'knowingly assisted' the accused No. 1 in the process of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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