TaxTMI 
TaxTMI 
2022 (11) TMI 1191
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....ed 08.02.2021, passed in Special Sessions Trial No.1 of 2021, M/s Directorate of Enforcement (PMLA) Vs. Ms. Wit Edulink Pvt Ltd, by the court of Special Judge, PMLA/Sessions Judge Dehradun ("the case"). By it, both the petitioners have been summoned under Section 4 of the Prevention of Money Laundering Act, 2002 ("the Act"). 3. Heard learned counsel for the parties and perused the record. 4. Facts necessary to appreciate the controversy, briefly stated, are as follows: Reports were received by the police that the petitioners and others conspired and cheated various persons to the tune of Rs. 1.49 Crores by dishonestly inducing them in getting admission in the Post-Graduation Course under Management Seat in the Himalayan Institute & Ho....
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....ccused in concealing the proceeds of crime. Reference has been made to the statements and averments in the complaint filed in the case. It is submitted that there is no ground to make any intervention. 8. Section 3 of the Act defines money laundering. It is as hereunder:- "3. Offence of money-laundering.-Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering. Explanation.-For the removal of doubts, it is hereby clarified that,- ....
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....elating to a scheduled offence or the value of any such property or where such property is taken or held outside the country, then the property equivalent in value held within the country or abroad; Explanation.-For the removal of doubts, it is hereby clarified that "proceeds of crime" include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence;" 11. In the complaint filed against the petitioners and others, the role of both the petitioners is categorically spelled out. It is as hereunder:- "15.6 Sandeep Gupta (Accused No.6) Sandeep Gupta one of the a....
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.... Aulakh (Accused No.8) Surjeet Singh is one of the accused played an active role in inducing the complainants in getting admission in the Post Graduation course in HIHT Medical College, Jolly Grant, Dehradun. He was the friend and driver of Rajeev Rana and accompanied him to Dehradun to assist him in his work. Surjeet Singh in connivance with other accused persons has generated huge funds to the tune of Rs. 1.29 Cr. through criminal activity related to the scheduled offence. He used to get commission for assisting Rajeev Rana in the said work. These funds are nothing but proceeds of crime generated through criminal activity related to the scheduled offence. Thus, Surjeet Singh is one of the main architects involve....
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....ical College Cancer Institute and introduced themselves as the employee of the Administration of HIHT Medical College. Dr. Tarun Rao has stated as hereunder with regard to the incident of 17.03.2015 as follows:- "Then I reached Delhi on 17.03.2015 in the morning and Sh. Rajeev Rana met me at Hazrat Nizamudin Railway Station at 5:00 AM and took me to Dehradun by his (i) 10 Dark Gray Colored Car bearing registration No. DL-8CZ8841 and at Ghaziabad one more person namely Sh. Surjeet Singh also joined us and we all three reached HIHT, Jolly Grant, Dehradun at about 2:30 PM. At HIHT we went to Cancer Department where three persons namely Sh. Rohit Chauhan, Sh. Ankush Sagar Khatri & Sh. Sandeep Gupta were introduced by Shri. Rajeev Rana ....
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....etitioner Surjeet Singh, has admitted his liability and gave an assurance to repay the money, which has been filed by the petitioner Surjeet himself as Annexure 3 to his present application. 16. The scope of the jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 is quite wide but much restricted by the principles of law as laid down by the Hon'ble Supreme Court in umpteen judgments. In case prima facie case is made out, generally interference is not warranted in this jurisdiction. 17. What is being argued is that the role of the petitioners does not make out any case. The witnesses have categorically told about it. Not only Dr. Tarun Rao but other witnesses have also stated about the role of the petitioners. It is ....