TaxTMI 
TaxTMI 
2022 (3) TMI 331
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...., the prosecution case is as under: 2. A FIR bearing no.RC­01/2022/NIA/MUM, dated 03.02.2022 has been registered by the NIA against Dawood Ibrahim Kaskar @ Dawood Ibrahim, who has been designated as a Global Terrorist by United Nations under United Nations Security Resolution 1267 and also listed under the Fourth Schedule of the UAPA Act, 1967. He runs an international terrorist network namely D­Company, which is involved in various terrorist/criminal syndicate, money laundering, circulation of FICN, unauthorized possession/acquisition of key assets for raising terror funds and is working in active collaboration with international terrorist organization including Laskhar­e­Taiba (LeT), Jaish­e­Mohammad (JeM) and Al Qaeda (AQ). 3. Dawood Ibrahim after leaving India started controlling his aforementioned criminal activities in India through his close associates such as Haji Anees @ Anees Ibrahim Shaikh, Shakeel Shaikh @ Chhota Shakeel, Javed Patel @ Javed Chikna, Ibrahim Mushtaq Abdul Razzaq Memon @ Tiger Memon, Iqbal Mirchi (deceased), Haseena Parker (deceased) and others. 4. The said D­Company under Dawood Ibrahim Kaskar andhis aforementioned as....
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.... of Solidus Investments Pvt. Ltd. from Patels becoming tenants of the godown/shed in the said property. He alongwith Haseena Parker, Salim Patel and Sardar Khan hatched a criminal conspiracy and illegally took control of the said property as agreed by them in the meetings. The accused illegally paid money to get absolute control and ownership of the said property. He also introduced fake tenants in the said property. It is alleged that the accused in connivance with D­gang members i.e. Haseena Parker, Salim Patel and Sardar Khan hatched a criminal conspiracy for usurping the prime property having market value of around Rs. 300 crores actually belonging to Munira Plumber. Thus, it is proceeds of crime as defined under section 2(1)(u) of PMLA. 11. In the background of the aforesaid allegations, the ld. ASG contended that the role of the accused is crucial for investigation under PMLA. Prima facie, he is guilty of the offence of money laundering as defined under section 3 of the PMLA. His custodial interrogation is required for further investigation in the matter. He is required to be confronted with other persons whose statements have been recorded during investigation under P....
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.... and its conclusions for arrest and the Magistrate in turn is to be satisfied that the condition precedent for arrest under Section 41 CrPC has been satisfied and it is only thereafter that he will authorise the detention of an accused'. Reliance is also placed upon the ruling of the Hon'ble Madras High Court in the case of "State Vs. Tr. Nakeeran Gopal", 2019 SCC OnLine Mad 42. 15. An endeavour is made to show that section 41A of the Cr.P.C. is applicable to all the cases where the offence is punishable with imprisonment for a term which may be less than 7 years or which may extend to 7 years. As the applicant was illegally arrested, he prayed for rejection of the prayer of the Enforcement Directorate. 16. Perused the application under section 65 of PMLA carefully. It appears from the report that an FIR bearing no. RC-01/2022/NIA/ MUM, dated 03.02.2022 has been registered by the NIA against Dawood Ibrahim Kaskar @ Dawood Ibrahim and his associates. On the basis of the said FIR, present ECIR No. ECIR/MBZO­1/10/22 is registered to trace out proceeds of crime. It appears from the report that during the investigation, statements of various witnesses were recorded by ....
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.... use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever." "19. Power to arrest. -- (1) If the Director, Deputy Director, Assistant Director, or any other officer authorised in this behalf by the Central Government by general or special order, has on the basis of material in his possession reason to believe (the reason for such belief to be recorded in writing) that any person has been guilty of any offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform him the grounds for such arrest. (2) The director, Deputy Director, Assistant Director or any other officer shall, immediately after arrest of such person under sub­section (1), forward a copy of the order, along with the material in his possession, referred to in that sub­section to the Adjudicating Authority, in a sealed envelope, in the manner, as may be prescribed and such Adjudicating Authority shall keep such order and material for such period, as may be prescribed. (3) Every person arrested under sub­section (1) shall within twenty­four hours, be taken to a [Special Court or] Judicial Magistra....