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TMI Blog2024 (9) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... Cattle-Smuggling are laundered. Indisputably, the Applicant is not an accused in the predicate offence. It has been held in the recent decision of the Apex Court in Manish Sisodia vs. Central Bureau of Investigation [ 2023 (11) TMI 63 - SUPREME COURT ], that right of liberty guaranteed under Article 21 of the Constitution of India is a sacrosanct right which needs to be accepted even in cases where stringent provisions are incorporated in the special enactments. Furthermore, Proviso to Section 45 (1) of PMLA, 2002 entitles a woman for special treatment, while her bail application is being considered. In the recent decision of the Apex Court in Kalvakuntla Kavitha vs. Directorate of Enforcement, [ 2024 (8) TMI 1411 - SUPREME COURT ], a reference has been made to Proviso to Section 45 (1) of PMLA, 2002 to observe that this Proviso permits a certain category of accused including woman to be released on bail, without the twin requirement under Section 45 of the PMLA being satisfied. While the Proviso does not operate automatically in favour of the woman, but the facts and circumstances of the case are to be considered. However, while denying such benefit, the Court is required to give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istered a Preliminary Enquiry (PE) vide No. PE0102018A0004 dated 06.04.2018 against Sh. Satish Kumar, Md. Enamul Haque, Sh. Bhuvan Bhaskar s/o Sh. Satish Kumar and Others. The PE revealed that Cattle smuggling was happening from India to Bangladesh by paying illegal gratification to BSF personnel deputed on the Border during 19.12.2015 to 22.04.2017. The CBI alleged that Md. Enamul Haque used to pay Rs. 2000/- per Cattle to BSF officials and Rs. 500 to Customs Officials aside from the 10% of the auction price from successful bidders like Enamul Haque. 3. The CBI, after completion of PE, registered a RC No. RC0102020A0019, dated 21.09.2020 for offences under section 120B IPC and Sections 7, 11, 12 of the Prevention of Corruption Act, 1988 (PC Act), against Sh. Satish Kumar, Md. Enamul Haque, Md. Anarul SK, Md. Golam Mustafa, Sh. Sudipto Roy Chowdhary, Sh. George Manjooran [the then DIG, BSF] and other officials of BSF and Indian Customs and unknown others. 4. On the basis of the information in the CBI case, ECIR/KLZO/41/2020 dated 25.09.2020 under Section 34 PMLA, 2002 punishable under Section 4 of PMLA, 2002, was registered by the Kolkata Zone, Enforcement Directorate, Government o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.2023 3 rd Supplementary Complaint 23. Manoj Mahnot 04.05.2023 3 rd Supplementary Complaint 7. The Applicant has claimed that despite having joined the investigations on 02.11.2022, 03.11.2022 and 04.11.2022, she was again called to join the investigations and was irrationally, indiscriminately and unreasonably arrested on 26.04.2023 without any justification vide a vague and cryptic Order. He was sent to judicial custody after initial three days of police custody. 8. The Applicant aggrieved by her illegal arrest and remand to judicial custody, filed the W.P.(CRL) 1521/2023 for quashing of the Complaint Case No. 13/2022 and the Summoning Order dated 04.05.2023. 9. The Applicant s first regular bail Application before the Trial Court was dismissed vide Order dated 01.06.2023 without appreciating the facts and relevant law in true and correct perspective. 10. The ECIR is based on the CBI s case in regard to the predicate offence under Section 120B of the IPC, 1860 and Sections 7/11/12 of the PC Act, 1988. It is submitted that the respondent has miserably failed to establish any link between the Applicant and the alleged Cattle smuggling . 11. The co-accused, Tania Sanyal has already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arranted, unjustified and illegal being in contravention of the law. The allegations made by the ED in ECIR are based on frivolous and concocted facts. 17. It is submitted that the Applicant s mother had expired in 2020 because of cancer and her father is in judicial custody. The Applicant has been taking care of her childhood friend, namely, Sutapa Pal who is suffering from cancer. Furthermore, it is submitted by the learned senior counsel that the Applicant was not supplied with the grounds for arrest. The investigation qua the Applicant is complete and she is not a flight risk. 18. The Applicant undertakes to remain bound by any conditions that may be imposed on her while granting regular bail. 19. Therefore, the prayer is made that the Applicant may be granted regular bail in Complaint Case No. 13/2022 filed vide ECIR/KLZO/41/2020 dated 25.09.2020. 20. The learned Senior Advocate for the Applicant has argued that knowledge is an essential ingredient for an offence under section 3 of PMLA as held in the case of Vijay Madanlal Choudhary vs. Union of India, 2022 SCC OnLine SC 929 . The Supreme Court has held that in cases of twin conditions being considered at the stage of bail ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndefinite pre-trial incarceration ought not to be allowed in view of the presumption of innocence until proven guilty. The presumption of innocence cannot be ignored howsoever stringent the penal law may be as Javed Gulam Nabi Shaik vs. State of Maharashtra, Crl. Appeal No. 2787 of 2024 . Further, reliance is placed on Sheikh Javed Iqbal vs. State of Uttar Pradesh, 2024 SCC OnLine SC 1755, wherein the court while deciding an Appeal against rejection of Bail of an accused in custody for over 8 years, noted that an undertrial has a fundamental right to speedy trial and observed that bail cannot be denied only on the ground that the charges are very serious though there is no end in sight for the trial to conclude. Moreover, in Benoy Babu vs. Directorate of Enforcement, SLP (Crl.) Nos. 11644-11645 decided on 08.12.2023, granted bail owing to thirteen months long incarceration when the trial was at the stage of framing of charges. Similarly in Mohd. Muslim vs. State (NCT of Delhi), 2023 SCC OnLine SC 1109, the Apex court cautioned that though the laws which impose stringent conditions on for grant of bail may be necessary in public interest, but if the trial is not concluded within tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on a day-to-day basis. 27. The investigation of ED has revealed that M/s ANM Agrochem Pvt. Ltd. in which the Applicant is a Director, was acquired for a meagre sum of Rs. 1,00,000/-. Thereafter, tainted funds of proceeds of crime in cash were routed through accounts of benamidars namely Bidyut Baren Gayen, Biswajyoti Banerjee, Omar Sk, Bijoy Rajak, etc. and then transferred to the Company to acquire movable and immovable assets in the name of the Company. Similarly, the shares of M/s Neer Developers Ltd. were also acquired by the Applicant for Rs. 2,42,00,000/- by using tainted funds and were again routed through accounts of the benamidars. In further investigations, the statements of various benamidars were recorded which revealed that the Applicant used to look after the financials of the Companies including M/s Bhole Bom Rice Mill. 28. In his statement under section 50 PMLA,Sh. Bidyut Baren Gayen revealed that his account was being operated by the Applicant and that her telephone number is also mentioned in his ITR. His ITR revealed cash receipt of Rs. 1.28 crores as per ITR for 2018-19 and a receipt of Rs. 65 lacs as per ITR for 2019-20. He stated that the same could be expla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well as the gravity of the offence, it cannot be held that the Applicant is not guilty of the alleged offences or that she is not likely to commit any such offence while on bail. 36. Furthermore, the Applicant did not co-operate with investigation and further investigation is underway and the Applicant is required by the ED to trace further proceeds of crime. 37. The learned counsel has placed reliance on Vijay Mdanlal Choudhary Ors. vs. Union of India, 2022 SCC OnLine SC 929 to submit that Section 3 of the PMLA has a wider reach and captures every process and activity, direct or indirect, in dealing with the proceeds of crime and is not limited to the happening of the final act of integration of tainted property in the formal economy. 38. It is further submitted that even if it is accepted that the Applicant did not know anything about the proceeds of crime and the same could only be explained by her father, then that also is squarely covered within the definition provided under section 3 of PMLA, punishable under section 4 of PMLA. Further, there is prima facie involvement of the Applicant in the commission of the offence and as such, the burden of proof under section 24 PMLA is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vasanthi Stanley and Ors., MANU/SC/1028/2015, Meenu Dewan vs. State, Bail Appl. No. 736/2008, Leela Mahesh Motewar vs. Republic of India, MANU/OR/0485/2019, Preeti Bhatia vs. Republic of India, MANU/OR/0077/2015, Indu Dewan vs. Republic of India, MANU/OR/0400/2016, Chandrawati vs. State of U.P., MANU/UP/0211/1992, Naresh T. Jain vs. Union of India Ors., Bail Appl. No. 167/2021, Naresh T. Jain vs. Union of India Ors., SLP (Crl.) 2175/2022, Directorate of Enforcement vs. Preeti Chandra, SLP (Crl.) 7409/2023, Tarun Kumar vs. Assistant Director, Bail Appl. No. 152/2023, Saumya Chaurasia vs. Directorate of Enforcement, 2023 SCC OnLine SC 1674, and Kalvakuntla Kavitha vs. Directorate of Enforcement, Bail Appl. No. 1675/2024. 40. It is finally submitted that the Application is devoid of merits and is liable to be dismissed. 41. The detailed arguments have been addressed by the learned Senior Advocate on behalf of the Applicant and Written Submissions have also filed on behalf of the Applicant, encompassing the contentions made in the Bail Application. 42. Learned Special Counsel on behalf of the Respondent has also addressed the arguments which are essentially on the same lines as detaile ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n who are likely to be more vulnerable may sometimes be misused by unscrupulous elements and made scapegoats for committing such crime. 49. In Kalvakuntla Kavitha (supra), it was observed that nowadays the educated and well-placed women in the society engage themselves in commercial ventures and enterprises and advertently or inadvertently engage themselves in the illegal activities. The Court, while deciding such matters, should exercise the discretionjudiciously using their prudence. In the light of the Proviso to Section 45 of PMLA, 2002, the bail had been granted to the accused in the said case. 50. In the present case, the facts essentially are in pari materia, the Applicant is the daughter of Anubrata Mondal and the allegations essentially against her are that she had used her Company/Firm accounts to launder the money, proceeds of crime which was received by her father. 51. As has been observed in the case of Saumya Chaurasia (supra), the Applicant may be an educated woman having her business and commercial enterprise, but it cannot be overlooked that the allegations against her are essentially in the context of her father and that she in her commercial ventures, has launder ..... X X X X Extracts X X X X X X X X Extracts X X X X
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