9911796707
TMI Blog2024 (3) TMI 1429X X X X Extracts X X X X X X X X Extracts X X X X ..... 157/2022 was filed on 29-7-2022 by Police Station, Mohan Nagar, Durg, CG against Alok Singh Rajput, Ram Pravesh Sahu and Khadag alias Raja Singh and others for being involved in Online betting in Live Ludo, Footbal, Casino games and marks through Mahadev Book. Such FIRs were also registered in various police stations of Andhra Pradesh. On being inquired by the Enforcement Directorate from concerned police stations of State of Chhattisgarh and Andhra Pradesh, they shared documents pertaining to the offence of online betting app 'Mahadev App'. Since some of the FIRs contained schedule offences as defined in PMLA and it was found that, huge amount of transaction of money has been made by various persons through online betting app and huge money has been laundered, therefore, ECIR/RPZO/10/2022 was registered by the Zonal Office, Raipur of Enforcement Directorate for the offence under Sections 3 and 4 of the PMLA. Earlier Prosecution complaint was filed against 14 persons on 20- 10-2023. On subsequent investigation, present applicant and other 4 accused persons were also found involved in the crime in question, hence 1st supplementary prosecution complaint was filed. Upon investigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n reveals that thousands of such 'Panels' are being run in a franchise network model. As a result, this betting syndicate is generating proceeds of crime worth INR 450 crores per month. It was found that Sourabh Chandrakar and Ravi Uppal are king pin of whole syndicate, who have established a betting empire and are indulging in rampant money laundering, through which, they have acquired huge assets in the UAE and other foreign countries. 2.5 The Bank accounts which are being used in the operations of illegal betting Mahadev Online Book app are either being opened fraudulently by cheating the account holder, KYC of poor or unsuspecting persons are used to open large number of Bank Accounts, which are then quickly used over a period of few months, and then closed or abandoned, after the money is pooled and has moved 3-4 layers, before being remitted abroad to Sourabh Chandrakar and Ravi Uppal, by profassional international hawala operators working in Mumbai and Gujarat. 2.6 It is also revealed that large number of Data Centres and Call Centres have been set up in Dubai in order to handle the various operations like handholding and resolving issues of the Panel Operators and users. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ths of execution of sale deed, in which they have stated that Rs. 30 Lakhs were given in cash and actual sale consideration was Rs. 95 Lakhs, but no transaction of alleged Rs. 30 Lakhs has been shown by Enforcement Directorate in page 1794 of Supplementary Prosecution complaint, mentioning in table of money transaction made in the name of Pawan Kumar Agrawal and his family members. He would further submit that, actual sale consideration was only Rs. 65 Lakhs, which was paid by wife of applicant through Immediate Payment Service (IMPS) and NEFT through bank transaction, which has been mentioned in sale deed itself and no any transaction has been shown in account of Pawan Kumar Agrawal or his family member on 7-9-2022, when registered sale deed was executed or prior to it, rather, all the transaction which has been mentioned in page 1794 of Supplementary prosecution complaint in the account of Pawan Kumar Agrawal and his family members have been made subsequent to 30-11-2022 i.e. after about more than 2 months of execution of sale deed. This fact shows that deposition of Pawan Kumar Agrawal, Kailash Lilhare and Deepak Chanekar have been got under coercion and threat to them by the En ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rious handlers of Mahadev betting app/hawala operators through bank account of his wife, in which, transaction of huge amount has been found from bank account of Dara Singh, Rajesh Kumar Mishra and Mahadev Trailer Service, with bank account maintained by M/s Sagar Diamond, M/s. N.D. Enterprises and M/s. Shri Enterprises. He would further submit that, applicant himself admitted in his statement recorded by Enforcement Directorate under Section 50 of the PMLA that he has visited Dubai thrice and met there with Ravi Uppal and Sourabh Chandrakar, who are kingpin/promoters of Mahadev betting app. It is further submitted that, to go to Dubai, applicant had obtained ticket through M/s Rapid travels, Bhopal and on investigation, it was revealed that, amount of tickets were paid by proceeds of crime. It is lastly submitted that, allegation against prosecution agency that statement of witnesses were recorded by the Enforcement Directorate under duress is completely false, rather, the applicant is link between the main accused and white colours. Thus, he has active participation in instant crime of money laundering. Therefore, instant bail application is liable to be dismissed. 5. I have hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cie case established for granting bail, it cannot go into the question of credibility and reliability of witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during trial". 9. In the instant case, allegation against applicant has been levelled on 3 counts that : (I) He visited Dubai thrice in the year, 2020, 2021 and 2022 without intimation to his department and tickets were managed from proceeds of crime; (ii) He has purchased land worth Rs. 95 Lakhs, in the name of his wife, out of which Rs. 65 Lakhs were given through bank transaction and Rs. 30 Lakhs were given in cash. Aforesaid sale consideration was given from proceeds of crime, which he received through bank account of his wife; and (iii) He received proceeds of crime from hawala operators/handlers of Mahadev Online betting app and gave it to bureaucrats/ politicians as protection money. 10. Statement of applicant under Section 50 of the PMLA was recorded on 27-8-2023. He has admitted in his statement that he has visisted Dubai thrice in the year 2020, 2021 and 2022. He has also admitted that in all three occasions, he met there with Sourabh Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their statement recorded on 28-12-2023. While recording statement of Pawan Kumar Agrawal, statement of bank account of his name and his family members were shown to him and he was asked about sources of deposit of cash amount in those accounts. In reply, he has stated that, he has deposited the cash amount received from selling of land in his bank account and in the bank account of his family members, but statement of chart of his account and account of his family members were of between 30-11-2022 to 13-12-2022 and total credit has been shown Rs. 12,50,000/-, that too, about more than two months later then execution of sale deed dated 7-9-2022. In such a situation, statement of aforesaid 3 witnesses cannot be accepted at this stage as gospel truth that actual sale consideration was Rs. 95 Lakhs, out of which Rs. 30 Lakhs were given in cash to seller Pawan Kumar Agrawal, particularly when, it has not been controverted by respondent that, wife of applicant has obtained loan limit of Rs. 85 Lakhs, to which, account statement of bank has also been filed by the applicant. 12. It is alleged by respondent/ Enforcement Directorate that applicant used to obtain proceeds of crime through b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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