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TMI Blog2025 (1) TMI 1544X X X X Extracts X X X X X X X X Extracts X X X X ..... forcement Directorate on account of illegal sand/mineral mining operations conducted by the present applicant in several parts of District Hamirpur and Kangra including the Riverbed of Beas criminal activity relating to scheduled offences under the Prevention of Money Laundering Act (hereinafter for the purpose of brevity referred to as PML Act) has been committed by the applicant. As a consequence of which, it is alleged that proceeds of crime have been generated. From the same, it is contended on behalf of the Enforcement Directorate, the applicant has purchased a stone crusher in Uttarakhand. 4. Learned counsel appearing on behalf of the applicant submits that since part of the cause of action has arisen within the jurisdiction of this Court, therefore, the present petition is maintainable. In this context, attention of this Court is invited to Article 226(2) which reads as follows: "226. Power of High Courts to issue certain writs: (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the nature of a writ declaring that the investigation carried out after 19.09.2018 in File No.SFIO/INV/AOI/2018-19-AGC & L/842- 966 vide order No.07/115/2018-CL-II dated 20.06.2018 as illegal and without jurisdiction. C. Issue a writ/direction/order declaring the arrest of the Petition dated 10.12.2018 at New Delhi in the office of Respondent No.2 by Respondent No.3, and proceeding emanating therefrom being without jurisdiction and illegal and the Petitioner Rahul Modi be released forthwith. D. Issue a writ of Habeas Corpus directing immediate release of the Petitioner herein Sh. Rahul Modi from the illegal arrest dated 10.12.2018 at New Delhi and consequent illegal custody from Respondent No.2 to 4 at;" 7. In the aforesaid backdrop, the Apex Court after relying on the judgment cited by the applicant noted herein before was of the considered view that the High Court at Delhi should not have entertained the challenge. Relevant extract of the judgment is being reproduced herein below: "26. It is true that the decision in Dashrath Rupsingh Rathod was in the context of a criminal complaint under Section 138 of the Negotiable Instruments Act and not while dealing with an issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty being proceeds of crime, have to be established. It is only on establishing the three facts that the offence of money laundering is committed." 10. From the perusal of the grounds of arrest and the reasons to believe appended along with petition as Annexure P-34 and P-35 respectively, it is evident that the Enforcement Directorate had received formal complaints and intelligence inputs indicating illegal sand/mineral mining being done by the applicant in the case at hand. Based on the aforesaid, discreet inquiries were got conducted, details whereof are contained in the panchnama report dated 17.06.2024. 11. By virtue of an amendment made in the year 2019, proviso in Sub-Section1 of Section 17 of the 2002 Act which required that no search shall be conducted unless in relation to the scheduled offence a report has been forwarded to a Magistrate under Section 157 of the 1973 Code or a complaint has been filed before a Magistrate in regard of such offence stands omitted. In this respect, it would be appropriate to refer to the judgment reported as 2022 SCC Online SC 929, titled Vijay Madanlal Choudhary & Ors. vs. Union of India & Ors. "311. ......However, for strengthening the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly, names of persons were also found to whom illegally mined minerals excavated at the stone crushers in the State of H.P. had been sold. Statements of concerned individuals were also recorded. Besides the aforesaid, relevant material in the shape of challans issued to the applicant by the mining department were also collected. 15. On 07.11.2024, a FIR bearing No.360 was got registered by the Mining Inspector, Mining Department, District Magistrate Office Saharanpur, Uttar Pradesh under Sections 379, 413, 415, 417, 418, 424, 471 and 120B of the IPC, Section 3(2) of the Prevention of Damage to Public Property Act, 1984 and Sections 4 and 21 of the Mines and Minerals (Regulation and Development) Act, 1957. As a consequence of the aforesaid, in the ECIR bearing No.ECIR/HQ/1/2014 by way of an addendum scheduled offences under Sections 413, 417, 418, 422, 471 and 120B of IPC were added and the FIR bearing No.360 was merged in the aforesaid ECIR. In the aforesaid background, the applicant was arrested under Section 19 of the Act on 18.11.2024 at 8:21 PM. At the time of arrest, both the grounds of arrest and reasons to believe had been supplied to the applicant. The reasons to believe a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a facie is of no consequence at this stage. The aforesaid FIRs were only indicative of the fact that there is rampant illegal mining in the area in question. Besides the aforesaid, quashing of the order of stoppage of one of the stone crushers of the National Green Tribunal (NGT) by the Hon'ble High Court is also of no avail to the applicant at this stage. 18. At this juncture, the Court cannot go into the correctness of the opinion formed or sufficiency of material on which it is based. The correctness of facts cannot also be enquired into at this stage except where the facts found existing are not supported by any evidence or the finding is so perverse that no reasonable man would say that the facts and circumstances exists. Facts in the case at hand are duly supported by material on record. 19. A bare reading of Section 19 reflects the preconditions and requirements which must be satisfied prior to the arrest of a person. The conditions are as follows: (i) The officer must have material in his possession. (ii) On the basis of such material, the authorized officer should form and record in writing, "reasons to believe" that the person to be arrested is guilty of offence pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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