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TMI Blog2024 (8) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... mmitting a crime after grant of bail. This aspect has to be considered having regard to the antecedents of the accused, his propensities and the nature and manner in which he is alleged to have committed the offence.' In the instant case, as per case of Enforcement Directorate itself, applicant has not played any role in the predicate offence of online betting, but applicant himself has admitted in his statement recorded under Section 50 of the PMLA, 2002 that, he and his brother Anil Dammani work as Havala operator. Promoter of Mahadev Book App namely Sourabh Chandrakar frequently purchased gift items from his jewellery shop namely Abhushan Jewelers since 2019 till 2021 - Applicant has also admitted that, he knows Rahul Wakte (associate of ASI Chandra Bhushan Verma), who had come many times in their shop for Havala transaction worth Rs. 3-4 crorers. These facts have also been supported by chandra Bhushan Verma in his statement under Section 50 of the PMLA, 2002. The evidence available on the complaint shows that, the applicant is not only involved in Hawala transactions, rather, he is also aware about the persons to/from whom he delivered/received the amount of Hawala. Since, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, in brief, are that, an ECIR bearing No. RPZO/10/2022 was registered against Mahadev Online Book and others to investigate the matter under PMLA, 2002 on the basis of charge sheet bearing No. 157/2022 dated 29-7-2022 filed by the police of Police Station Mohan Nagar, Durg against Alok Singh Rajpoot, Rampravesh Sahu, Kharag alias Raja Singh and others, for the offence under Section 120B and 420 of the Indian Penal Code (hereinafter referred to as IPC ) for being involved in online betting in Live Ludo, Football, Casino games and marks through Mahadav Book. As per aforesaid charge sheet, those accused persons were caught to have prepared a setup with laptops and through which, they collected money by creating an online ID and then with this money, put bets for others through Mahadav Online Book on online Cricket match, horse racing, grey hound racing and Kabaddi etc. On interrogation, they told that, Abhishek and Pintu taught them how to make online IDs and place bets in cricket matches and other sports through online banking. Electronic gazettes, cheque books and cash were seized from them. Thereafter, aforesaid ECIR was registered. 2.a During investigation, it was revealed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce agent, who was managing entire liasoning of protection for the betting app in Chhattisgarh, as such, applicant is accused of routing cash on instruction of promoters of Mahadev Book App, and therefore, he has been arrested by the Enforcement Directorate. Complaint (Annexure R-3) has been filed against applicant and 13 other accused persons including promoters Sourabh Chandrakar, Ravi Uppal and Anil Dammani, who is brother of present applicant. 3. Learned counsel for the applicant would submit that, as per prosecution complaint, specific role ascribed against applicant is that, Havala cash was being sent by promoters of Mahadav Book App from abroad to the applicant and his brother in their shop namely Abhushan Jewelers and the same was received by them and later delivered to one Rahul Wakte, who utilized money for bribing officials and the same was done by one ASI Chandra Bhushan Verma. Contentions of learned counsel for the applicant in support of present bail application are as under :- (A) Prosecution complaint dated 20-10-2023 does not reveal that applicant is an accused of any predicate offence. (B) Applicant has been implicated in the case only on the basis of statement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled, trial has yet not started, conclusion of trial is likely to take long time, hence the applicant may be granted bail. To substantiate his submission, he relied in the case of (1) ED Vs. Gagandeep Singh and ors. [2022 SCC OnLine Del. 514], (2) Vijay Madanlal Chaudhary (supra), (3) Chandra Prakash Khandelwal Vs. Directorate of Enforcement, [2023 SCC Online Del. 1094], (4) Amit Aggarwal Vs. Directorate of Enforcement [2024 SCC OnLine Del. 141, (5) Vijay Agarwal Vs. Enforcement Directorate [2023 SCC OnLine Del. 3176] (6) Hari Charan Kurmi Vs. Enforcement Directorate [(1964) 6 SCR 623-Constitution Bench], (7) Sanjay Jain Vs. Enforcement directorate [2024 SCC OnLine Del. 1656], (8) Avtar Singh Kocchar Vs. Enforcement Directorate [2023 SCC OnLine Del 7518] (9) State of MP Vs. Sheetla Sahai ors. [2009 (8) SCC 617] (10) Ramesh Manglani Vs. Directorate of Enforcement [2023 SCC Online Del 3234], (11) Rabi Prakash Vs. State of Odisha [2023) SCC OnLine SC 1109] (12) Benoy Babu Vs. Directorate of Enforcement [2023 SCC OnLine SC 1881]. On the basis of aforesaid contentions, learned counsel for the applicant prayed that bail may be granted to the applicant. 4. Per contra, learned Special Publ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and his brother, in which, Ravi Uppal, Sourabh Chandrakar, applicant and his brother, Ashish Rathore, Deepan Josef and he himself were present. Therefore, contention of learned counsel for the applicant that, he was not aware about Mahadev Book App and money received by them in Havala transaction was pertaining to predicate offence, is false. Learned Special Public Prosecutor submitted that, considering such significant role played by the applicant in ensuing money laundering offence, which are proceeds of crime of predicate offence, bail application filed by the applicant is liable to be rejected. 5. I have heard learned Sr. counsel appearing for the applicant as well as learned Special Public Prosecutor, appearing for the respondent/ Enforcement Directorate and perused the material available on record. 6. As per provisions of Section 45 of the PMLA, apart from providing Public Prosecutor, opportunity to oppose bail application, filed by the applicant, two conditions are required to be fulfilled i.e. firstly, the court is satisfied that there are reasonable grounds for believing that applicant is not guilty of such offence and secondly, he is not likely to commit any offence wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Court based on available material on record is required. The Court will not weigh the evidence to find the guilt of the Accused which is, of course, the work of Trial Court. The Court is only required to place its view based on probability on the basis of reasonable material collected during investigation and the said view will not be taken into consideration by the Trial Court in recording its finding of the guilt or acquittal during trial which is based on the evidence adduced during the trial. As explained by this Court in Nimmagadda Prasad [(2013) 7 SCC 466], the words used in Section 45 of the 2002 Act are reasonable grounds for believing which means the Court has to see only if there is a genuine case against the Accused and the prosecution is not required to prove the charge beyond reasonable doubt. 10. In the instant case, as per case of Enforcement Directorate itself, applicant has not played any role in the predicate offence of online betting, but applicant himself has admitted in his statement recorded under Section 50 of the PMLA, 2002 that, he and his brother Anil Dammani work as Havala operator. Promoter of Mahadev Book App namely Sourabh Chandrakar frequently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating to a scheduled offence or the value of any such property, or where such property is taken or held outside the country, then the property equivalent in value held within the country or abroad; Explanation :- For the removal of doubts, it is hereby clarified that proceeds of crime including property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence. 13. Thus, evidence available on the complaint shows that, the applicant is not only involved in Hawala transactions, rather, he is also aware about the persons to/from whom he delivered/received the amount of Hawala. Since, the party was organized by promoters of Mahadev Book App and other connected persons, therefore, contentions raised by learned counsel for the applicant that, he was not aware about the fact that said amount of Hawala transaction was proceed of crime of Mahadev Book App, does not appear to be correct. Transaction of amount through Hawala made by the applicant also comes in purview of proceeds of crime, as has been defined in Section 2 (1) (u) of PMLA, 2002. Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppearing for the applicant, does not seem to be acceptable that, applicant did not know about the fact that, said transaction of Havala amount received by him in their jewellery shop and handed over to Rahul Wakte and Chandra Bhushan Verma or other, was proceeds of crime of Mahadev Book App and there is no mens rea of applicant for the said offence under PMLA, 2002. Although evidenciary value of the statement recorded under Section 50 of the PMLA, has to be tested at the end of trial and not at the stage of bail, but the Enforcement Directorate officer holds power as are vested in the civil court under the Civil Procedure Code and statement recorded under Section 50 of the PMLA, 2002 are admissible as evidence. As also, the authorities for the purpose of the PMLA, 2002 appointed under Section 48, and 49 of the PMLA, 2002 are not police officer. Implication of this or the safeguard available to the accused as provided under the Cr.P.C., would not be available to the accused witnesses, as regards investigation carried out by the ED officers. 17. As has been discussed above, that applicant used to receive Havala money in his shop namely Abhushan Jewelers and persons who brought money ..... X X X X Extracts X X X X X X X X Extracts X X X X
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