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TMI Blog2024 (10) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... ar registered 23 FIRs which resulted in 27 charge sheets against the suspects. It was on the basis of the complaints made by various complainants against Dhal Samanta brothers, i.e. Shri Sushil Kumar Dhal Samanta, Shri Sushanta Kumar Dhal Samanta and their close associates for their involvement in various heinous crimes such as abduction, murder, criminal conspiracy, criminal intimidation, extortion, tender-fixing, possession of illegal arms and ammunitions, running illegal trade of arms and ammunitions, possession of counterfeit currencies, forgery etc. They were arrested by Commissionerate Police, Bhubaneswar, Cuttack on different dates in the year 2016. Searches were also conducted by the Commissionerate Police, Bhubaneswar, Cuttack at several places immediately after the arrest. Arms & ammunitions, currency counting machines, premium vehicles, huge cash and various incriminating documents like fake voter ID, fake PAN card, fake Driving licence in the name of non-existing persons and handcuffs etc. were recovered from the premises of said Dhal Samanta brothers and their associates. 4. Further, searches were conducted by Police authorities of P.S. Chauliganj, Cuttack at the resi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2016 and (iv) 26/2016 u/s 341/342/323/386/294/506/34 IPC, 25/27Arms Act 1959 arising out of Cantonment PS No 17/2016 for allegation of heinous crimes like murder, abduction, extortion, criminal conspiracy, criminal intimidation, possession and running of illegal trade of arms and ammunitions etc. The appellant Nirmal Chandra Rout was arrested by the Commissionerate Police, Bhubaneswar, Cuttack on 12.02.2016 and since then he has been in the judicial custody at Central Jail, Cuttack (Choudwar). 7. The brief facts of the case given above shows as many as 23 FIRs against the main accused and so far as the appellant Nirmal Chandra Rout is concerned, there are four FIRs registered for different offences which include the offence under Section 302 IPC apart from other offences. The charge sheet has been filed against the appellant apart from others, rather appellant remained behind bars for quite some time. 8. The learned counsel for the appellant, however, submitted that there was no reason to attach the properties belonging to the appellants as it was not 'proceeds of crime'. A specific reference is made to the properties belonging to his wife Smt. Itishree Rout, who is also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e dealt with by us while recording the finding. We have accordingly gone through the material on record for proper consideration of the case. 11. The perusal of the brief facts would reveal that so far as the main accused is concerned, 23 FIRs were registered against him from time to time for his involvement in the crime, such as abetment, murder, criminal conspiracy, extortion, tender-fixing, possession of illegal arms and ammunitions and so on. In the light of the aforesaid, the investigation was made by the police and the appellant was found involved in four cases where serious allegation for commission of the offence of murder, apart from other offences has been levelled. The appellant Nirmal Chandra Rout remained in judicial custody as a consequence thereof and finding his involvement in the crime, acquisition of 'proceeds of crime' an order of attachment was passed by the respondent. 12. The learned counsel submits that no material could be produced against the appellant to connect him with the crime, rather the respondent should have waited for the outcome of the trial before passing the order for provisional attachment. In absence of the proof for commission of of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... truction Ltd. stopped the work order at the end of 2013. He was informed that the order would be given to M/s Chetana Agency of appellant backed by Dhal Samanta brothers. He was threatened even by the appellant Nirmal Chandra Rout and asked to cooperate with them otherwise face dire consequences. He was thus asked to supply sand and chips to M/s Tantia Construction Ltd. While he was directly supplying sand and chips, the appellant Nirmal Chandra Rout of M/s Chetana Agency was keeping commission out of the payment received by him. M/s Chetana Agency had collected huge amount of Rs. 2.92 crores from M/s Tantia Construction Ltd. without any supply of material which, in fact, was supplied by Bapu Kahali. 17. Further statement of Sudhir Kumar Choudhary, who was working with M/s Tantia Construction Ltd. has been relied. He stated that 100% payments were to be made to the entities related to Dhal Samanta brothers and their associates M/s Chetana Agency, M/s Metaphor Trans Corporation Pvt. Ltd. and M/s M&T Associates. The respondent had even collected the bank statement and found that out of total receipt of Rs. 2.92 crores, the appellant had siphoned off the amount by transferring/withdr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a period not exceeding one hundred and eighty days from the date of the order, in such manner as may be prescribed: Provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint has been filed by a person authorised to investigate the offence mentioned in that Schedule, before a Magistrate or court for taking cognizance of the scheduled offence, as the case may be, or a similar report or complaint has been made or filed under the corresponding law of any other country: Provided further that, notwithstanding anything contained in [first proviso], any property of any person may be attached under this section if the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section has reason to believe (the reasons for such belief to be recorded in writing), on the basis of material in his possession, that if such property involved in money-laundering is ..... 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