TaxTMI 
TaxTMI 
2021 (11) TMI 233
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.... Section 4 of Prevention of Money Laundering Act, 2002. Mr. Alok Anand, learned counsel appearing for the petitioner, submits that the brief facts of the case is that the petitioner was director of M/s Sanjeevani Buildcon Pvt. Ltd. and during the course of investigation of the case, it was revealed that the petitioner directly received the proceeds of the crime to the tune of Rs. 20,73,749/- which was transferred to his account from the account of M/s SBPL and the transferred amount was the money of proceeds of crime in connection with the R.C. case no. R.C. 4 (S)/ 2014-R in which case, the charge-sheet has been submitted by CBI (ACB), Ranchi of the offences punishable under Sections 120B read with the Sections 420, 468, 471 of Indian Pena....
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....hen submitted that the allegations against the petitioner are all false. It is next submitted by learned counsel for the petitioner that the petitioner all along co-operated with the authorities of the Directorate of Enforcement as even has been observed by the adjudicating authority in his order dated 16.07.2019 in OC 1099 / 2018. It is next submitted that the co-accused Jayant Dayal Nandi and Anamika Nandi are the main conspirators and the co-accused Shyam Kumar Gupta has been released on regular bail provisionally by the order of Hon'ble Supreme Court of India. Mr. Alok Anand, learned counsel for the petitioner also relied upon the judgment of Hon'ble Supreme Court of India in the case of Ashok Munilal Jain & Anr. v. Assistant Director, ....
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....rch and seizure, attachment, confiscation, investigation, prosecution and all other proceedings under this Act." and submits that the enforcement directorate was under an obligation to forward the Enforcement Case Information Report (ECIR) to the Special court in terms of chapter XII and section 157 of Cr.P.C. but the same having not been done, the petitioner was deprived of the opportunity to get himself remanded in this case as he was in custody in connection with the predicate offence of this case for a considerable period of time after institution of the Enforcement Case Information Report, in connection with this case as had the Enforcement Directorate forwarded the copy of ECIR to learned magistrate, the petitioner could have got him....
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....der this Act] shall be released on bail or on his own bond unless-] (i) the Public Prosecutor has been given a opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, [or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees] may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cogniza....
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....) learned counsel for the Enforcement Directorate submits that in the second proviso, it has been mentioned that the Special Court shall not take cognizance for the offence punishable under section 4 except upon a complaint in writing his made, which in other words means that filing of a complaint in writing is a sine qua non for cognizance of the offence been taken by the special court. It is next submitted by learned counsel for the Enforcement Directorate that had it been the intention of the legislature that the ECIR is to be forwarded to learned Magistrate just like an FIR or for that matter ECIR stands in the same footing as an FIR, upon going through of which, learned Magistrate can take cognizance in terms of provisions of Code of ....