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TMI Blog2023 (12) TMI 1347X X X X Extracts X X X X X X X X Extracts X X X X ..... on ble Supreme Court was prospective and not retrospective in nature. Furthermore, if the suggested interpretation of the expression henceforth is accepted, it will amount to review all the arrest so far made under Section 19(1) of PMLA. Be that as it may, there are factors from which an inference can be drawn that rigors of Section 45 PMLA Act will not apply in the present case. The petitioner was not named in the earlier two prosecution complaints submitted by E.D. and his name has transpired in the 3rd supplementary prosecution complaint. The F.I.R. which has been lodged under Sections 279 and 304A, read with Section 120B of the IPC, will have no bearing on the present case. The above named petitioner is directed to be released on bail o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tems were transported to the destined places. The object to control Barharwa toll was to eliminate the rivals in monitoring illegal transportation of stone. Pankaj Mishra is alleged to be king pin of illegal mining and transportation of stones from Sahebganj and illegal activities were carried out under political and administrative patronage. The Four F.I.Rs. which were registered against Pankaj Mishra were merged into the existing ECIR case relating to illegal mining. 4. The illegal mining activity was not committed in silos, but under a criminal conspiracy involving different players. Petitioner was lease holder for mining over an area of 6.13 acres whereas inspection revealed that he had been conducting mining much beyond the lease hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upees Ten Lakhs from this petitioner. 10. None of the offences in Barharwa P.S. Case No. 85/2020 was scheduled offence under PMLA, except Section 120B of the Indian Penal Code. Police, on investigation, has dropped Section 120B of the Indian Penal Code and submitted charge sheet. Therefore, there does not exist predicate offence and in this view of matter, there can be no offence of money laundering against him in view of the ratio laid down in Vijay Madan Lal Choudhary Versus Union of India Others; 2022 SCC OnLine 929 (para 467). 11. The Hon ble Supreme Court in recent judgment Pavana Dibbur Versus Directorate of Enforcement (Cr. Appeal No. 2779 of 2023) has held that Section 120B of the Indian Penal Code will become schedule offence only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been interpreted as such by the co-ordinate Bench of this Court in B.A. No. 7233 of 2023 (Dilip Kumar Ghosh @ Dilip Ghosh Versus Union of India through Directorate of Enforcement) and in the judgment delivered by the Division Bench of Punjab Haryana High Court in the case of Roop Bansal Vs. Union of India Another (CWP 23005 of 2023). ARGUMENT ON BEHALF OF E.D. 14. It is submitted that the proceeds of crime generated in the clandestine business of illegal mining being carried out in the area under political and administrative patronage was laundered with aid and connivance of different operatives under the cover of bonafide business being carried out. There were multiple F.I.Rs. relating to mining in Sahebganj and adjoining region regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e manner in which the amount has been channelized in the Account of petitioner after receiving huge cash deposits in the Account of his in-laws. 16. On the plea of furnishing written ground of arrest as required under Section 19(1) of the Prevention of Money Laundering Act, 2002, it is submitted that the petitioner was summoned on 2nd July, 2023 for the 7th time by the E.D. for the purpose of investigation. In response to it, he appeared on 5 th July, 2023. The arrest was made on 5th July, 2023 and on 6th July, 2023 the petitioner was presented before the learned Special Judge for seeking custody and in the remand application, the detailed grounds were stated. 17. There was substantial compliance with the mandate of Section 19(1) of the Pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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