TaxTMI 
TaxTMI 
2022 (11) TMI 401
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.... 8.9.2018 : FIR No. 358/2018 dated 8.9.2018 was registered at Police Station Sadar Fatehabad, District Fatehabad, Haryana for offences under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 against Radhey Shyam and Bansi Lal, Directors of M/s FMLC & others. 9.9.2018 : FIR No. 859/2018 dated 9.9.2018 was registered at Police Station, Hisar, Haryana under Sections 420, 406 and 506 IPC, against Radhey Shyam and Bansi Lal, Directors of M/s FMLC & others. 31.8.2019 : Pursuant to constitution of S.I.T., the matters were investigated by S.I.T. and charge-sheet no.2 dated 31.8.2019 was presented in FIR no. 859 and charge-sheet no. 4 dated 20.11.2019 in FIR no. 358 was presented. 9.10.2019 : During the course of investigation of the aforesaid cases, it had transpired that the accused involved in the said cases were also involved in some other FIRs lodged in the State of Telangana i.e. FIR No. 710/2018 dated 30.8.2018, Police Station Kukkatpally, Telangana, FIR No. 643/2018 dated 15.10.2018, Police Station Ramchandrapuram, Cyberbad, Telangana, FIR No. 541/2018 dated 4.9.2018 at Police Station Chandanagar, Telangana and FIR No. 768/2018 dated ....
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....irector or share-holder in the company. It has been submitted that whatever amount he had received or had been credited in his account was on account of his professional remuneration, being a software expert. 4. It has further been submitted that the Enforcement Directorate is resorting to pick and choose and that out of the 24 accused, 11 were entities and the remaining 13 were individuals and out of the said 13 individuals, 11 were never arrested and have been granted bail whereas the petitioner has been kept behind bars since the last about 8 months. It has been submitted that since trial in its normal course is not likely to conclude in immediate future, given the fact that as many as 73 prosecution witnesses have been cited, the petitioner cannot be kept behind bars indefinitely. 5. The learned counsel has further submitted that the petitioner weighs 153 kilograms and has various medical issues and is presently having precarious health which is deteriorating by the day and in these circumstances, his further custody could prove fatal to his health and life. 6. Opposing the petition, the learned counsel representing the Enforcement Directorate has submitted that the pe....
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....ieved from petitioner's laptop, a major component of the amounts so collected by ponzi companies run by Radhe Shyam and Bansi Lal and also through their associates was transferred to various bogus entities/ shell companies through bank transfers/RTGS/NEFT bank transactions, in the guise of business transactions or was withdrawn as cash. 10. Although the petitioner, who claimed that he was merely looking after computer software of the company, had initially been cited as a witness but when investigating agency laid its hands on evidence to the effect that he and other members of his family had benefited of crores of rupees which could not be justified, his complicity became evident. Upon analyzing the bank account No.50200010255233 of M/s Future Maker Lifecare Pvt. Ltd. maintained with HDFC Bank, Hisar, it was revealed that a substantial amount of Rs.15,37,87,088/- was transferred to the bank accounts in name of relatives of petitioner namely Poonam Batra w/o Pranjil Batra; Veena Sondhi (mother-in-law of Pranjil Batra); Rahul Sondhi (Brother-in-law of Pranjil Batra); Suman (wife of Rahul Sondhi) & Rudal Prasad (employee of Pranjil Batra). During investigation, the petitioner ....
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....Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorised, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed; (2) The limitation on granting of bail specified in [***] of sub-section (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail. Explanation. - For the removal of doubts, it is clarified that the expression "Offences to be cognizable and non-bailable" shall mean and shall be deemed to have always meant that all offences under this Act shall be cognizable offences and non-bailable offences notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974), and accordingly the officers authorised under this Act are empowered to arrest an accused without warrant, subject to the fulfillment of conditions under section 19 and subject to the conditions enshrined under this section. 13. Section 45(1) of PMLA 2002, as noticed above, imposes twin ....
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....tion as the defect in the provision [Section 45(1)], as existed then, and noticed by this Court has been cured by the Parliament by enacting amendment Act 13 of 2018 which has come into force with effect from 19.4.2018. We, therefore, confined ourselves to the challenge to the twin conditions in the provision, as it stands to this date post amendment of 2018 and which, on analysis of the decisions referred to above dealing with concerned enactments having similar twin conditions as valid, we must reject the challenge. Instead, we hold that the provision in the form of Section 45 of the 2002 Act, as applicable post amendment of 2018, is reasonable and has direct nexus with the purposes and objects sought to be achieved by the 2002 Act to combat the menace of money-laundering having transnational consequences including impacting the financial systems and sovereignty and integrity of the countries." 16. Thus it is apparent that despite the Supreme Court having declared that the twin conditions for release on bail as prescribed by un-amended provisions of Section 45(1) of the PMLA,were violative of Articles 14 and 21 of the Constitution of India and thus unconstitutional in Nikesh T....
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....ount of the same his health is fast deteriorating. The petitioner relies upon a medical report dated 25.8.2022 (Annexure A-1) of Jail Doctor which is reproduced herein-under: " MEDICAL CONDITION OF PRISONER PATIENT PRANJIL BATRA S/O MADAN MOHAN BATRA, AGE 38 YEARS,/MALE Medical condition of above mentioned prisoner patient is submitted as under: 1. That UT prisoner patient namely Pranjil Batra S/o Madan Mohan Batra Age 38 years had been incarcerating in Central Jail Ambala since 18.03.2022. 2. That the said prisoner patient is suffering from CAD, Hypertension, Diabetes Mellitus-II. 3. That the said prisoner patient is undergoing his treatment from Heart Centre, Civil Hospital, Ambala Cantt and Jail Hospital, Ambala for aforesaid diagnosis. 4. That the aforesaid prisoner patient's B.P (Blood Pressure) and RBS (Random Blood Sugar) remains uncontrolled due to his disease of obesity (Weight 153kg). 5. That usually the Blood pressure and Random Blood Sugar of said prisoner patient goes very high & down (on/off). 6. The physical health condition of said prisoner patient is deteriorating considerably. 7. ....