2020 (2) TMI 1019

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....int lodged by the Assistant Director, PMLA in short is that earlier a Complaint Case No. 02 of 2018 was lodged against Shri Motilal, Shri Dhiraj Jain, Shri Pawan Jain, Shri Bimal Jain, Shri Rajesh Kumar Agarwal, Shri Rakesh Kumar Gupta as well as the officials of the Bank of India, G.B. Road, Gaya, in the light of the evidence emerging in course of further investigation, the supplementary complaint is being filed making the petitioner and other persons as accused in the money laundering case. It further appears that the F.I.R. No. 339 of 2016 and F.I.R. No. 340 of 2016 has been registered against the officials of the Bank for deposit of the amount in the account of the informant of those cases, namely, Shri Shashi Kumar, Rajesh Kumar and ....

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....granted anticipatory bail in Muzaffarpur P. S. Case No. 134 of 2017. Further submission is that so far this petitioner is concerned, there is absolutely nothing against him. There is no substance in the allegation of the petitioner. Learned counsel for the petitioner relying upon the reported decisions of the Hon'ble Apex Court in the case of "Nikesh Tarachand Shah Versus Union of India and another reported in (2018) 11 SCC 1" has submitted that two conditions referred in Section 45(1) of the Prevention of Money Laundering Act, 2002 has already been held ultra vires. Further cited two decisions, first in the case of "Jai Prakash Singh Versus State of Bihar & Anr. reported in AIR 2012 SC 1676" and another decision reported in the case ....

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....bank account of M/s Maa Tara Agency, Muzaffarpur of the huge cash handed to him by the father of this petitioner on the direction of other co-accused. The statement of Rajesh Kumar Aggarwal under Section 50 of PMLA Act also disclosed that he received the order for supply of sugar by petitioner/Shri Pawan Kumar Jain and received the above payments towards the above orders and when he came to know that debit has been disallowed by the bank account of M/s Maa Tara Agency, Muzaffarpur, he lodged an F.I.R. against the petitioner and his father for making advance payment from third party account in respect of placing of order of sugar. The CDR analysis also disclosed that the petitioner and his father in his constant touch with other accused pe....