9911796707
TMI Blog2024 (12) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty, both movable and immovable, worth crores of rupees allegedly acquired by the petitioner discloses an unbroken money trail, i.e., generation of proceeds of crime which eventually leads to the petitioner shall be decided in trial. The allegations primarily rest on the statement of the co-accused recorded under section 50 of the Act, the truth and veracity of which need to be weighed during trial. The material collected by the E.D. prima facie suggests that the petitioner was allegedly in liason with Manik Bhattacharyya and Kuntal Ghosh who were actively involved in the offence. Both of them have been granted bail by this Court. The petitioner is similarly circumstanced - With regard to prolonged incarceration of the petitioner and delay in trial, the petitioner has submitted that he is in custody since 10th March, 2023, i.e., for about twenty months. The Hon ble Supreme Court has time and again held that prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial and in such a case Article 21 applies irrespective of the seriousness of the crime. The right to life and personal liberty enshrined under Article ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with section 45 of the Act of 2002 was filed on 19th September, 2022 against eight accused persons. The first supplementary prosecution complaint was filed on 7th December, 2022 adding six new accused besides the earlier eight persons. Search was conducted at the petitioner s residential premises on 20th January, 2023, 25th January, 2023, 26th January, 2023 and 27th January, 2023 and the petitioner was called for interrogation by the Enforcement Directorate (in short the E.D.) on 10th March, 2023 and was arrested on the same date. The second supplementary complaint was filed on 21st March, 2023. The petitioner was named in the third supplementary complaint filed on 8th May, 2023. Charge sheet was submitted in connection with the predicate offence on 18th May, 2023 and provisional attachment order issued on 13th July, 2023. The fourth supplementary complaint was filed on 28th July, 2023. 2) Seeking bail of the petitioner, learned counsel for the petitioner has canvassed his argument as hereunder:- The petitioner is in custody since 10th March, 2023 and investigation is still going on against twenty-five accused persons including the petitioner. The E.D. has cited 167 witnesses, 182 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is no proof of any money trail to substantiate that the petitioner is the recipient of any amount as alleged. 6) The petitioner was appointed to the post of Vice-President of West Bengal Pradesh Trinamool Youth Congress in August 2020 and as Karmadakshya of Hooghly Zilla Parishad in 2018, i.e., much after the period when the scheduled offence pertaining to TET-2014 could have been committed. TET-2014 examination was held on 11th October, 2015 and results were declared on 14th September, 2016. Therefore the petitioner was not an influential person at the relevant time. 7) Though in his statement before the E.D. the petitioner has accepted that he gave details of the admit card of one Rahul Dev Ghosh to Kuntal Ghosh and the said candidate was selected for the post of primary teacher, the petitioner also gave the details of his wife and sister-in-law who were not selected. Much emphasis has been laid by the E.D. on the statement of one Gunadhar Khanra who has not been named as an accused or cited as a witness in the complaint. Therefore his statement does not merit consideration. There is also no independent material to prove that the petitioner has any nexus whatsoever with the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bhattacharya v/s. Enforcement Directorate reported in C.R.M (SB) 72 of 2024 16. Prem Prakash v/s. State (NCT of Delhi) reported in 2024 SCC OnLine SC 2270 17. Ramkripal Meena v/s. Director of Enforcement reported in Special Leave to Appeal (Crl.) No (s). 3205/2024 18. Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v/s. State of Uttar Pradesh reported in 2024 SCC OnLine SC 1755 19. Javed Gulam Nabi Shaikh v/s. State of Maharashtra and Another reported in 2024 SCC OnLine SC 1693 20. Vijay Nair v/s. Directorate of Enforcement reported in Special Leave Petition (Criminal) Diary No (s.) 22137/2024 21. Kalvakuntla Kavitha v/s. Directorate of Enforcement reported in 2024 SCC OnLine SC 2269. 9) Speaking for the E.D. and vehemently opposing the prayer, learned counsel has submitted that the petitioner being the former Vice-President of the ruling party and an employee of W.B.S.E.D.C.L is an influential person who is in a position to intimidate witnesses and tamper with evidence. Referring to statement of witnesses under section 50 of the Act of 2002, learned counsel has submitted that huge amount of money was paid by Tapas Kumar Mondal and Kuntal Ghosh on instruction of the petitioner wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. State of Haryana Anr reported in 2013 (12) SCC 529. 3. Satyendar Kumar Jain vs. Enforcement Directorate reported in 2024 SCC OnLine SC 317. 4. Partha Chatterjee vs. Enforcement Directorate [CRM (SB) 180 of 2023]. 5. Kuntal Ghosh vs. C.B.I. [C.R.M (DB) 681 of 2024]. 6. Manish Sisodia vs. C.B.I reported in 2023 SCC OnLine SC 1393. 7. Tarun Kumar vs. Enforcement Directorate reported in 2023 SCC OnLine SC 1486. 8. Vijay Madanlal Choudhary vs. Union of India reported in 2022 SCC OnLine SC 929. 9. State of Gujarat vs. Mohanlal Jitamalji Porwal reported in (1987) 2 SCC 364. 10. Y.S Jagan Mohan Reddy vs. C.B.I reported in (2013) 7 SCC 439. 11. Nimmagadda Prasad vs. C.B.I reported in (2013) 7 SCC 466. 12. Gautam Kundu vs. Directorate of Enforcement (Prevention of Money-Laundering Act) reported in (2015) 16 SCC 1. 13. State of Bihar vs. Amit Kumar reported in (2017) 13 SCC 751. 14. Anil Kumar Yadav vs. State (NCT of Delhi) reported in (2018) 12 SCC 129. 15. Tofan Singh vs. State of T.N. reported in (2021) 4 SCC 1. 16. Subires Bhattacharyya vs. C.B.I. reported in 2022 SCC OnLine Cal 4307. 17. Anubrata Mondal vs. C.B.I, reported in 2023 SCC OnLine Cal 23. 18. Ranjitsing Brahmajeetsing Sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le considering an application for bail as laid down by the Hon ble Supreme Court in the authority in Prosanta Kumar Sarkar v/s. Ashis Chatterjee and Another reported in (2010) 14 Supreme Court Cases 496 are as hereunder:- i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; ii) nature and gravity of the accusation; iii) severity of the punishment in the event of conviction; iv) danger of the accused absconding or fleeing, if released on bail; v) character, behaviour, means, position and standing of the accused; vi) likelihood of the offence being repeated; vii) reasonable apprehension of the witnesses being influenced; and viii) danger, of course, of justice being thwarted by grant of bail. 17) The Hon ble Supreme Court, in the authority in Vijay Madanlal Choudhary (supra) has held as follows:- 388. The successive decisions of this Court dealing with analogous provision have stated that the Court at the stage of considering the application for grant of bail, is expected to consider the question from the angle as to whether the accused was possessed of the requisite mens rea. The Court is not required to record a positive fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Nagarik Suraksha Sanhita, 2023 as it stands after amendment of section 436A of the Code of Criminal Procedure spells out that the first time offender (who has never been convicted for any offence in the past) shall be released on bond by the Court if he has undergone detention for the period extending up to onethird of the maximum period of imprisonment specified for such offence under that law. The Hon ble Supreme Court, in the order passed on 23rd August, 2024 in writ petition (Civil) no. 406 of 2013 has made the amended provision applicable to all under-trials in pending cases irrespective of whether the case was registered against them before 1st July, 2024 when the new legislation came into effect. 23) In the judgment in Manish Sisodia (supra), the Hon ble Supreme Court has held that the right to bail in cases of delay coupled with incarceration for a long period should be read into section 439 of The Code of Criminal Procedure and section 45 of the 2002 Act. The Hon ble Court has referred to the authority in Javed Gulam Nabi Shaikh v/s. State of Maharashtra and another reported in 2024 Supreme Court Cases OnLine SC 1693 wherein the Hon ble Court has dealt with the law laid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isonment for a term which shall not be less than three years but which may extend to seven years and also fine. According to the E.D., investigation qua the petitioner is complete but charge is yet to be framed. 27) The petitioner cannot be held entirely responsible for the delay in trial. The case involves 182 statements, 210 documents and 167 witnesses to be examined in order to substantiate the charges levelled against twentyfive accused persons including the petitioner. There is remote chance of conclusion of trial in near future. Since the case primarily depends on documentary evidence which is in custody of the E.D., there is no scope for the petitioner to tamper with the same. The petitioner is little short of completing one-third of the maximum period of imprisonment laid down under section 479 of the 2023 Act. 28) It is not in dispute that he is a first-time offender and has not been convicted of any offence earlier. Keeping in view the voluminous evidence to be considered by the learned Trial Court, chance of conclusion of trial within the time frame for incarceration during trial laid down in section 479 is bleak. Rejecting the prayer of the petitioner at this stage and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
