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2024 (9) TMI 119

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..... e scale illegal mining - HELD THAT:- It is found that the connection between these First Information Reports pleaded in paragraph 1 of the first and the second complaints and the alleged proceeds of crime has not been pleaded. In the first complaint, in paragraph 3.4 there is a reference to several offences registered at different places. However, there is no prima facie material to show that the .....

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..... guilty of offence of money-laundering. It is noted here that nothing is pleaded to show that the appellants are involved in any other offence of money-laundering under the PMLA. Allegation of tampering with the evidence have not been made. Both the appellants have undergone incarceration for a period of about 01 year approximately. Therefore, a case is made out for enlarging the appellants on bail .....

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..... anding Counsel, Adv. Ms. Madhusmita Bora, AOR Mr. Shiv Ram Sharma, Adv. Mr. Riju Raj Singh Jamwal, Adv. Mr. Dipankar Singh, Adv. Mrs. Anupama Sharma, Adv ORDER Heard the learned counsel appearing for the parties. Leave granted. The present appellants have been shown as accused in two successive complaints filed by the Directorate of Enforcement alleging commission of offences under the Prevention .....

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..... ver, we find that there is no prima facie material to show that the offences pleaded, directly or indirectly, generated proceeds of crime in the form of money or illegally mined minerals. There are, no doubt, allegations of large scale illegal mining against the accused, but that is not sufficient. Prima facie, there must be factual assertions in the complaints to show that the offences which are .....

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..... appellants have undergone incarceration for a period of about 01 year approximately. Therefore, a case is made out for enlarging the appellants on bail. For that purpose, we direct that the appellants shall be produced before the Special Court under the PMLA within a maximum period of one week from today. The Special Court shall enlarge the appellants on bail on appropriate terms and conditions. .....

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