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TMI Blog2024 (12) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent are as under: A. Immovable Property:- Sl. No. Name of the Purchaser Deed No. & Date Details of Property Value Including Reg. fee (in Rs.) 1. Ashok Kr. Yadav 7020 dt. 05.07.12 Bithan, Samastipur 07 kattha 11 dhoor Thana No. 362, Khata No. 149-Old, 490-new Khesra No. 1133- old, 2061-New 1,62,561/- 2. Bibha Devi W/o Ashok Yadav 1711 dt. 27.02.08. Rosera, Samastipur 06 kattha 11 dhoor, Thana No- 74/2 Khata No. - 96, Khesra No. 34-old, 43-new, 32-old, 51-new 2,70,836/- 3. Bibha Devi W/o Ashok Yadav 9741 dt. 10.11.2009. Bithan, Rosera, Samastipur 12 katha 07 dhoor 54 Decmil Thana No. 343 Khata No. 165- old 553-new, 298- old, 897- new Khesra No. 1658 old, 3638- new, 3632-new, 2658- old 2680-old, 3634-new 3,48,521/- 4. Bibha Devi W/o Ashok Yadav 8943 dt. 08.11.2020 Bithan, Rosera, Samastipur 11 dhoor Thana No. 343 Khata No. 298-old, 897-new, Khesra No. 2658-old 2680- old, 3634 new 56546/- 5. Bibha Devi W/o Ashok Yadav 8942 dt. 08.11.2020 Bithan, Rosera, Samastipur 15 Dhoor (3.25 Decimal) Thana No.343, Khata No.- Survey-285,783,1247-new, Khesra No. 1660-old 3633- new 72771/- 6. Bibha Devi W/o Ashok Yadav 8944 dt. 08.11.2020 Bithan, Rosera, Samas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01 dhoor (4.6 Dec) Thana No.327, Khata No. 48-old, 72-new, Khesra No. 388- old, 576-new 27261/- 20 Rajendra Yadav 9449 dt. 18.12.2007 Bithan, Rosera, Samastipur Mauza-Bithan, Thana- Bithan 04 kattha, 16 dhoor (21 Dec) Thana No. 343, Khata No.313-old, 409- new, Khesra No.929-old, 1769 new 97,561/- 21. Rajendra Yadav 6702 dt. 09.08.2008 Bithan, Samastipur Mauza Chechni, 01 Katttha, 04 Dhoor, (5.25 Dec.), Thana No.327, Khata No. 48-old, 72-new, Khesra No. 388- old, 576-new 27241/- 22. Rajendra Yadav 7207 dt. 25.08.2008 Bithan, Samastipur Mauza Chechni, 01 Katttha, 04 Dhoor, (5.25 Dec.), Thana No.327, Khata No. 48-old, 72-new, Khesra No. 388- old, 576-new 27241/- 23. Rajendra Yadav 8656 dt. 20.10.2008 Bithan, Samastipur Mauza Chechni, 01 Katttha, 10 Dhoor, Thana No.327, Khata No. 48-old, 72-new, Khesra No. 388-old, 576- new 32,661/- 24. Rajendra Yadav 8599 dt. 09.08.2012 Bithan, Samastipur Mauza Bithan, 06 Katttha, 15.75 Dhoor, Thana No.343, Khata No. 65-old, 238-old, 1266-new, Khesra No. 2599-old, 2598-old, 4732- new 3,05,346/- 25. Rajendra Yadav 8617 dt. 11.08.2012 Bithan, Rosera, Samastipur Mauza Chechni, 12 Katttha, 17 Dhoor, (56 Dec.), Thana No.327, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 cases and he was not an accused in 4 cases leaving only two cases out of which one case is mainly for commission of crime under the Arms Act. In the light of the acquittal of the main accused, properties attached by the respondent could not have been taken to be the 'proceeds of crime'. The challenge to Provisional Attachment Order and its confirmation has been made mainly on the aforesaid grounds. 8. The counsel for the appellants further admitted that ECIR was separately recorded and the cognizance of offence has been taken but the charges have not been framed till date. The ECIR recorded by the respondent would have no consequence on the main accused Ashok Yadav after his acquittal in majority of the cases. However, it was admitted by the counsel that the cognizance order has been challenged but we do not find any order favourable to the appellant thus, it is a fact that not only the ECIR remains but cognizance of offence has been taken against the appellant. 9. Further submission of the counsel for the appellants was that the 'reasons to believe' was not served on the appellants thereby Section 8 of the Act of 2002 was not followed by the Adjudicating Authority for passin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isition of the properties. For ready reference, Section 8(1) of the Act of 2002 is quoted hereunder: "8. (1) On receipt of a complaint under sub-section (5) of section 5, or applications made under sub- section (4) of section 17 or under sub-section (10) of section 18, if the Adjudicating Authority has reason to believe that any person has committed an offence under section 3 or is in possession of proceeds of crime, it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his income, earning or assets, out of which or by means of which he has acquired the property attached under sub-section (1) of section 5, or, seized [or frozen] under section 17 or section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in money-laundering and confiscated by the Central Government: Provided that where a notice under this sub- section specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person: Provided further th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for purchase of all the properties though deposited in the bank first but source to acquire the cash to deposit in the bank has not been disclosed. The source disclosed by the appellants and its critical analysis would be as under. 19. The total cash deposit in the three bank accounts of Ashok Yadav is Rs. 26,34,600/- during the period 2005 to 2014. It has been found that no ITR has been filed for the Financial Year 2005-06, however, during the same period, Rs 1,69,000/- was deposited in the bank account no. 01190011624 (SBI Rosera) of Ashok Yadav. 20. From perusal of statement of SBI bank account no. 11461408694 for the financial year 2008-09, it was found that a total of Rs. 5,80,000/- was deposited in this account whereas during the said period net income shown in his IT Return is Rs. 1,91,761/- only. Further, perusal of statement of SBI bank account no. 11461408694 for the financial year 2009-10 reveals that a total of Rs. 10,00,000/- was deposited in this account, whereas during the said period net income shown in his IT Return is Rs. 2,06,300/-only. 21. Perusal of the account statement of Ashok Kumar Yadav, it has been revealed that a total of Rs. 26,34,600/- have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ITR for the financial year 2011-12 reveals that against income of Rs. 5,90,399/-, a total of Rs. 15,20,700/- have been deposited in her bank account no. 30958895103 of SBI, Bithan. Similarly, against the gross income worth Rs. 8,95,341/- shown in the ITR for the financial year 2012-13, a total of Rs. 20,29,750/ were deposited during the same period. 25. From the above, it can be observed that huge cash has been deposited in the bank accounts of Bibha Devi which is not in line with the income declared in her ITRs. Moreover, no ITR has been filed for the F.Y. 2010-11. This, in light of irregular pattern of deposits and the fact that she has deliberately avoided the summons, leads to the conclusion that Bibha Devi is in possession of proceeds of crime generated by her husband Ashok Yadav. It is further revealed that a sum of Rs. 22,72,000/- has been deposited through transfer/ cheque from various bank accounts. Accordingly, inquiry was caused with the concerned bank which forwarded the details as under: S. No. Transaction Date Amount Credited (In Rs.) Cheque No./ Thr. Transfer Debited Account No. and Account holder Remarks 1. 09.05.2011 72,000 TRF 3092198 1629 of Shri Ji ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore he deposited the cash amounting to Rs.3,00,000/- in his bank account and issued cheque of the same amount in her favour. 28. In the same manner, Shri Jay Kumar Mukhiya in his statement under Section 50 recorded on 11.09.2014 stated that he was working with Bibha Devi on a monthly salary of Rs. 7000/- till May 2014. He stated that a cash of Rs.4,00,000/- was deposited in his account by Bibha Devi and taken cheque in her favour on 12.01.2014. The statement of Shri Gopal recorded on 22.07.2014 is also relevant who stated that he was working as a Shiksha Mitraon a monthly salary of Rs.9700/-. Bibha Devi deposited cash of Rs. 4,00,000/- in her bank account and she took cheque of equivalent amount from him for depositing in her account. Shri Pramod Kumar in his statement recorded on 22.07.2014 refers to the same modus operandi by which a sum of Rs.5,00,000/- was routed to ultimately transfer it in the account of Bibha Devi. 29. From the above, it is gathered that Bibha Devi had given cash to many persons who in turn issued cheques in her favour of equal amount. The modus operandi of Bibha Devi to deposit the cash in the account of named persons and got transfer of the amount or oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .11.2009. It was further revealed that as proof of ownership of land premises of shop and godown, she had submitted a copy of Sale Deed. No. 9741 dated 10.11.2009 purchased at a total consideration of Rs. 3,22,000/-. It is further revealed that Bibha Devi had submitted a copy of bank pass book pertaining to the bank account No. 30958895103 (SBI, Bithan) held in her name. Scrutiny of the entries in the pass book revealed that the said account was opened on 16.11.2009 with a cash deposit of Rs. 2,000/- and a sum of Rs. 12,00,000/- was transferred to this account from a bank account No. 011461408694 on 18.11.2009. The account no. 011461408694is held in the name of Ashok Kumar Yadav. perusal of account statement of account no. 011461408694, revealed that a sum of Rs. 10,00,000/- in cash was deposited by Bibha Devi on 18.11.2009 and on the same day a sum of Rs. 12,00,000/- was transferred to the bank account No. 30958895103 of Bibha Devi ostensibly, to facilitate her to get dealership of LPG from BPCL. The sequence of events leading to establishment of M/s Sapna Bharat Gas Gramin Vitrak, Bithan, Distt.-Samastipur, Bihar having Bibha Devi as its proprietor is, thus, as under: "(i) 10.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Bihar in respect of the above allotted group 12. This shows laundering of illicit wealth through business of wine. 33. It was found that information relating to ownership of the wine shop have never been disclosed either in ITRs filed by Ashok Yadav or his wife Bibha Devi or any other members of their family. Thus, it appears that proceeds of the crime generated by Ashok Kumar Yadav was infused in the business of wine to hide the origin of tainted property. Thus, the commission earned out of sale of the wine from Shop No. 81, Shop No. 42 & Shop No. 04 is the fruits of the proceeds generated out of crime. During the course of investigation statement of Shri Ajit Kumar Yadav, S/o Shri Mahendra Yadav was recorded under Section 50 of the PMLA on 11.09.2014 wherein he inter alia stated that: "Bibha Devi put his name for the lottery in the Excise Department to get the contract of liquor shops and did all the documentary work relating to lottery of the Excise Department. His name came out in the lottery for Group No. 12 which consisted of three liquor shops out of which Shop No. 81 located at Narhan, Samastipur and Shop No. 42 located at Bambaiya Ujnail, Samastipur were Composite Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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