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TMI Blog2024 (10) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... balance between the valuable right of liberty of individual and the larger interest of society. The Hon ble Supreme Court has time and again reiterated that the economic offences constitute a class apart and must be approached differently in regards to the bail, as has also been observed by the Hon ble Supreme Court in the judgments State of Gujarat v. Mohanlal Jitamalji Porwal and Another, [ 1987 (3) TMI 111 - SUPREME COURT ]. The allegations against the Applicant are essentially are in the nature of facilitating the offence of illegal cattle smuggling by providing authoritative support and consequent clout that he exercised on account of his being in the Police and being connected with an influential Political leader, the co-accused Mr. Anubrata Mondal. He helped in procuring stray cattle from various markets, collecting cash on behalf of co-accused, Mr. Anubrata Mondal, and laundering the PoC. The Applicant is an accused in the predicate offence as well, though admitted to bail in the said offence by this Court - Though the investigations qua the Petitioner are complete and the Supplementary Complaint has been filed in the Court, but the trial has not been proceeding since last ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sanyal (2nd wife of Satish Kumar). The Supplementary Chargesheet was filed by the CBI before the Special Judge on 24.02.2021 against the accused persons, namely, Manoj Sana and Vinay Mishra. 4. The Applicant was arrested by on 09.06.2022 by CBI, Kolkata on the basis of FIR No. RC0102020A0019 dated 21.09.2020 under Sections 7/11/12 of Prevention of Corruption Act, 1988 (hereinafter PC Act, 1988) and is in custody since that day, other than being released on Interim Bail on medical grounds for complete period of 6 weeks between 22.02.204 and 03.04.2024. 5. On the basis of the information in the CBI case, ECIR/KLZO/41/2020 dated 25.09.2020 was registered by the Kolkata Zone, Enforcement Directorate, Government of India under Section 3 of the PMLA, 2002 punishable under Section 4 of PMLA, 2002 which was subsequently transferred to Delhi with the approval of the then Director, ED. 6. The ED thus, on the basis of investigation in the said ECIR, filed the Complaint Case No. CT13/2022 on 16.04.2022; First supplementary Complaint dated 18.06.2022. The Applicant was named in the Second Supplementary Complaint and was arrested by the ED on 07.10.2022. The Second supplementary Complaint dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shown the Income Tax Returns, including documents to show that the monies used to buy the said properties were from valid sources. The case pertaining to attached properties is ongoing in as Appeal No. 6453-6456 of 2023 before the Appellate Tribunal, PMLA. 14. The Applicant seeks bail for the foregoing reasons and is ready to undergo any stringent conditions that are imposed upon him. 15. The Respondent has filed a Reply by way of Status Report wherein it is stated that the supplementary Chargesheet dated 24.02.2021 and 06.08.2022 was filed by CBI wherein Vikas Mishra, Sk. Abdul Latif and Sehegal Hossain, i.e. the Applicant, herein were arraigned as accused. 16. It is submitted that during investigation it was revealed that both Sheikh Abdul Latif and Md. Enamul Hoque, partners in the business of M/s Naj Marbles, were in contact with Sehegal Hossain, a Police Constable of West Bengal Police and a personal bodyguard of Sh. Anubrata Mondal who used to collect illegal gratification from Sk. Abdul Latif and Md. Enamul Hoque for providing protection to the illegal business of cross-border cattle smuggling. 17. The investigation further revealed that cash amount to the tune of Rs. 12,80, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant), Mrs. Somaiya Khandokar (wife of the Applicant) and the Applicant himself for 2015-2022 was Rs. 1,04,10, 216/- whereas the total value of assets and expenditures during the same period was Rs. 5,47,90,867/- which is disproportionate to their known sources of income. 23. It is claimed that the degree of complicity and involvement of the Applicant in the cattle smuggling syndicate is such that the co-accused Sk. Abdul Latif in his Statement under Section 50 PMLA has stated that he had met Sehegal Hossain at M/s Naj Marbles a couple of times and that he had sold a property to some unknown person through Madhab Kaibarta which was immediately bought by Mrs. Latifa Khatun at a price much lower than the market rate of the property. 24. Likewise, Mrs. Somaiya Khandokar, in her Section 50 statement has stated that she was not aware of the cash deposits as the same were not deposited by her but by Late Sh. Madhab Kaibrata. Similarly, Mrs. Latifa Khatun, in her Section 50 Statement, has stated that the cash deposit of Rs. 33.21 lacs wasmade by Sh. Madhab Kaibrata. For the cash deposit of Rs. 1.55 Crores, she stated that she had no knowledge of the transactions which were made by Sh. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itle an accused for grant of bail under PMLA. In any case, the Applicant is required to satisfy the mandatory conditions under Section 45 PMLA in addition to the conditions for grant of bail under Section 439 Cr.P.C. as held in a catena of judgments. 30. It is submitted by the Respondent that the Applicant s argument that the investigation qua him is complete and that the trial is going to take time entitling him to Bail, has been dealt with and rejected by the Supreme Court in Tarun Kumar vs. Assistant Director, Directorate of Enforcement, Criminal Appeal No. 9431/2023. 31. It is finally submitted that the Bail Application is devoid of merits and is liable to be dismissed. 32. 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. 33. The learned counsel for the Applicant has placed reliance on Manish Sisodia vs Directorate of Enforcement, 2023 INSC 956, and Arvind Kejriwal vs Directorate of Enforcement, 2024 INSC 512 highlighting the intersectionality of prolonged period of incarceration vis- -vis rights pertaining to life and liberty of individual enshrined in the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of individual and the larger interest of society. The Hon ble Supreme Court has time and again reiterated that the economic offences constitute a class apart and must be approached differently in regards to the bail, as has also been observed by the Hon ble Supreme Court in the judgments State of Gujarat v. Mohanlal Jitamalji Porwal and Another, (1987) 2 SCC 364, Y.S. Jagan Mohan Reddy v. Central Bureau of Investigation, (2013) 7 SCC 439, Nimmagadda Prasad v. Central Bureau of Investigation, (2013) 7 SCC 466, and Tarun Kumar v. Assistant Director, Directorate of Enforcement, 2023 SCC OnLine SC 1486. 39. The Bail Application under Section 45 of PMLA is to be decided by referring to special nature of the offence of money laundering. In Saumya Chaurasia v. Directorate of Enforcement, 2023 SCC OnLine SC 1674, the Hon ble Supreme Court observed that Section 45 (1) of PMLA shows that the accused is required to cross the threshold of the twin conditions mentioned therein: (i) public prosecutor shall be given an opportunity to oppose the application for release of the accused; and (ii) the Court should be satisfied that there are reasonable grounds for believing that the accused is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carceration from 11.08.2022 and the case still being at the stage of Section 207 of Cr.P.C. 1973. Further, seeing the volume of pages in the Chargesheet and some of it being in Bengali and thus, require translation, were considered to be the contributing factors in the period of incarceration, and thus, co-accused Sh. Anubrata Mondal was admitted to bail. 45. Also, the co-accused Sh. Anubrata Mondal has been recently admitted to Bail by the Ld. Trial Court vide order dated 20.09.2024 in IA No. 74/2024 filed in CT Case No. 13/2022 titled Directorate of Enforcement vs. Mohd. Enamul Haque Ors . 46. The allegations against the Applicant are essentially are in the nature of facilitating the offence of illegal cattle smuggling by providing authoritative support and consequent clout that he exercised on account of his being in the Police and being connected with an influential Political leader, the co-accused Mr. Anubrata Mondal. He helped in procuring stray cattle from various markets, collecting cash on behalf of co-accused, Mr. Anubrata Mondal, and laundering the PoC. The Applicant is an accused in the predicate offence as well, though admitted to bail in the said offence by this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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