TaxTMI 
TaxTMI 
TaxTMI 
2022 (1) TMI 320
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....du. The petitioner has also written various books and is a journalist accredited by Press Information Bureau, Govt. of India. The petitioner worked as a freelance journalist for Chinese newspaper i.e. Global Times from the year 2014 to 2016 and during this employment as a journalist, the petitioner used to send and receive emails from his aforesaid employer which are all easily available in public domain. In connection with the predicate offence being FIR No. 230/2020 registered at P.S.Special Cell, the petitioner was arrested for the offences punishable under Sections 3/4/5 of the Official Secrets Act on 14th September 2020 and was released on default bail in terms of Section 167(2) Cr.P.C on 4th December 2020 as the charge sheet/complaint had not been filed within the statutory period. On 26th February 2021, the respondent recorded the above-noted ECIR and directed the petitioner to join the investigation which he joined several times till 1st July 2021. The premises of the petitioner was searched and seizures affected, however, nothing except sixteen visiting cards were recovered. In the above-noted ECIR, the petitioner was arrested on 1st July 2021 for offences punishable under....
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....offences punishable under Sections 3/4/5 of the Official Secrets Act. The petitioner has given explanation for all his foreign trips and how the payments for the said trips were made, either from his account or from his wife's account or by credit card. Contention of the respondent that the offence involved is a serious offence cannot be accepted because the offences under the Official Secrets Act are not notified as Schedule Offences under the PMLA. Further any alleged discrepancy in the Income Tax Returns also cannot be the basis for proceeding against the petitioner under Sections 3/4 of the PMLA, for the reason, offences punishable under the Income Tax Act are also not notified as Scheduled Offences under the PMLA. 6. Learned Additional Solicitor General of India has taken this Court through the relevant paragraphs of the complaint filed to contend that the petitioner is involved in a very serious and grave offence punishable under Official Secrets Act. It is contended that even if the provisions of the Official Secrets Act are not mentioned as Scheduled Offences under the PMLA, however, still, because the complaint is also for offences punishable under Sections 120B IPC and 4....
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....e Court in Opto Circuit India Limited Vs. Axis Bank, Crl.Appeal No. 102/2021 decided on 3rd February 2021. Further, even on a query raised from the concerned Ministry in relation to the so-called information published by the petitioner, the reply by the concerned department is that the information is not classified and provisions under Sections 3/4/5 of the Official Secrets Act cannot be also invoked. 8. In the complaint filed by the respondent against the petitioner alleging offences punishable under Sections 3/4 of the PMLA, it is stated that FIR No. 230/2020 was registered on 13th September 2020 against Rajeev Sharma, a journalist residing in Pitampura and he was arrested on 14th September 2020. On his disclosure, one Nepalese national Sher Singh @ Raj Bohara and a Chinese national Qing Shi, who were working with one MZ Mall Pvt. Ltd. being run by Chinese nationals, were arrested. Section 120B IPC in the case being a Scheduled Offence, the investigation was taken up by the respondent after recording of the ECIR/05/STF/2021 on 26th February 2021. It is alleged that in the investigation in FIR No. 230/2020 registered at P.S.Special Cell, a secret information was received that the....
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.... complaint, the petitioner received cash from Sher Singh @ Raj Bohara 7-8 times and every time, money was INR equivalent to 1000 USD. Further, Rajeev Sharma also received cash from MZ Mall Pvt. Ltd. through Pankaj Yadav, a freelance journalist who picked up Rs.2.50 -3 lakhs from MZ Mall office at Mahipalpur and delivered the same to Rajeev Sharma at his house in Pitampura. Further, one more person picked money from residence of Qing Shi and delivered Rs.14 lakhs cash to the petitioner at his house and also Rs.2 lakhs as cash deposited in his bank account by Sher Singh @ Raj Bohara. It is claimed that the petitioner was using one Ved Prakash as his assistant to whom, he transferred a sum of Rs.3 lakhs from his bank account as also gave some money to Ved Prakash in cash to invest in shares. It is stated that Rajeev Sharma was working on the behest of Chinese Intelligence Agencies/Officers and was providing certain secrets/confidential information to them which were never shared in public domain and were for the use of his clients including Chinese Govt. Officials and he was getting a remuneration in the form of cash through human carriers in India as also in the form of foreign trips....
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....9. 07.06.2019 Indonesia Organized with a group of friends. Paid via Union Bank (Cheque No.53991) 13. Indubitably, offences punishable under the Official Secrets Act are not in the list of Scheduled Offences under the PMLA. Whether the charge sheet filed in the predicate offence is for offences punishable under Sections 3/4/5 of Official Secrets Act read with 120B IPC or for Section 120B IPC substantively or whether in the absence of any charge sheet under Section 411 IPC having been filed by the Special Cell, Delhi Police, the respondent/Enforcement Directorate could have recorded the above-noted ECIR for offences punishable under Sections 3 & 4 of the PMLA on the ostensible ground that since Section 120B IPC is a Schedule Offence and the Enforcement Directorate had jurisdiction to investigate into offence of money laundering pursuant to the offences under Sections 3/4/5 of Official Secrets Act would be a matter to be dealt by the learned Trial Court at the stage of charge. It may be noted that the charge sheet filed by the Special Cell does not note the offence punishable under Section 411 IPC. Even in the complaint filed by the respondent before the learned Trial Court, Secti....