2020 (12) TMI 1103

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....or the offence allegedly committed by the petitioner under Section 4 of the Prevention of Money Laundering Act. The complainant, in sum and substance, alleged that one Binay Yadav is an active member of banned outfit CPI (Maosit), a left wing extremist organization and 46 cases are registered against him under different Sections of the IPC, Arms Act, Unlawful Activities (Prevention) Act and under many Sections of different Acts. Binay Yadav was involved in extorting money from innocent people/ security forces and collection of levy and proceeds of crime have been utilized for the acquisition of various movable and immovable properties in the name of his wife Srimati Devi, Pooja Kumari (daughter), Poonam Kumari (daughter), Sarju Yadav (Samd....

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....nd vehicle being bus bearing registration No. JH12B-3030 was purchased in the year 2006. Third vehicle being bus bearing registration No. JH0M-1128 was purchased before the marriage of the petitioner. Similarly, fourth vehicle being Jeep bearing registration No. JH03A-1255 was also purchased for commercial purpose before marriage of the petitioner. In the year 2013 two vehicles, one bus and another mini bus bearing registration Nos. BR26E-6665 and JH26A-9969 were purchased. The petitioner was minor at that time. Subsequently, the petitioner started managing transport business of his family. In the year 2016 the petitioner purchased a mini van after selling vehicle No. BR26A-9969 to one Dhananjay Singh of Aurangabad and the vehicle was sold ....

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....the petitioner and the family of the petitioner was having good income from the business. Therefore, there is no material to show that petitioner amassed property out of crime proceeds of his father-in-law. It is further submitted that in view of judgement of this court passed in Cr. Appeal (SJ) No. 4446/2018 the case has been transferred to the court of learned Special Judge and, accordingly, the entire process up to issuance of summon against the petitioner is bad in law, hence, the petitioner deserves anticipatory bail. Dr. K. N. Singh, the learned ASG, Union of India, has submitted that Binay Yadav has generated huge proceeds of crime through commission of these offences and has acquired huge immovable and movable assets amounting to R....

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....roceeds of crime acquired by Binay Yadav by filing false income tax return. Prem Kumar admitted that he received Rs. 18,50,000/- during the period 09.07.2015 to 24.11.2017 from Srimati Devi, his mother-in-law, who has no source of income and she does not file income tax return. Prem Kumar further admitted that he has no source of income before his marriage. Sarju Yadav disclosed that his annual income was Rs. 80,000/- to Rs. 85,000/- only prior to purchase of the vehicles. These statements of Prem Kumar and his father amply made it clear that they invested crime proceeds of Binay Yadav in amassing huge property and after the year 2014 their movable and immovable properties increased more than 800 times. It is further submitted that prior to....