TaxTMI 
TaxTMI 
2018 (4) TMI 1935
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....ng out of the Complaint Case No.01 of 2014 (B. Hazra Vs. Shafat Ejaz Siddiqui and others) pending in the Court of District and Sessions Court, Lucknow (The Special Court) as well as the summoning order dated 28.03.2010 and non bailable warrant dated 28.07.2018 issued by the Special Court, Lucknow in the Complaint Case No.01/2004. 2. The brief facts of the case are that the First Information Reports bearing numbers 01/2011, 02/2011 and 03/2011 were lodged by the Anti Terrorist Squad (ATS) - U.P. Police, Lucknow on 17.08.2011 alleging commission of offences punishable under Sections 419, 420, 467, 468, 471 and 120B I.P.C. against Shri Shafaat Ejaz Siddiquie s/o Shri Ejaz Ahmad, Shri Rahat Ejaz Siddiqui s/o Shri Ejaz Ahmad, Shri Shafqat Ejaz ....
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....ed in Saudi Arabia. The said numbers were similar to the premium numbers whose call rates were higher than normal international calls. By dialing several such international numbers simultaneously, the accused used to put such calls on hold for very long periods. The idea behind putting such calls on hold for a long period was that M/s Reliance Communications Ltd., or the related service provider would pay to the corresponding international network operator, the cost of such calls at higher rates and the accused would get paid commission, which would be more than the cost of such calls made by the accused, out of the payments made at higher rates to the foreign service provider, as per arrangements made by Mr. Jim Carry and Shri Noor Aziz. T....
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....mmunication Ltd. got issued illegally 263 Reliance WLL PCO connections by submitting forged/fictitious documents to the service provider and thereafter, made international calls as directed by Mr. Jim Carry resident of Spain and Shri Noor Aziz operating from Saudi Arabia. The accused, Shri Shafaat Ejaz Siddiqui also roped in the accused, Shri Tabish Mansoor s/o Mansoor Ahmed along with a number of other persons by promising them huge profits in furtherance of participation in the said criminal activity. The charge sheet No.04/2011 in Case Crime No.03/2011 of ATS (one of the 3 cases booked by the ATS) revealed that as many as 112 WLL (wireless in local loop) phones of Reliance company were recovered and seized by the ATS from the residential....
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....ovable/ immovable assets so as to project the same as untainted property which is an offence under Section 3 of the Prevention of Money Laundering Act, 2002. 10. In the complaint, it has been stated that investigation has revealed that Shri Shafaat Ejaz Siddiqui was not only the key person who was instrumental in orchestrating the scheduled offence with the help of other associates but he was the major beneficiary of the proceeds of the crime. 11. The role of Shri Shafaat Ejaz Siddiqui was found to be clearly covered by the definition of offence of money laundering as defined under Section 3 of the PML Act. The proceeds of crime was projected in the form of two immovable properties and bank balance available in various accounts in which p....
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....ioners. 16. Shri Shiv P. Shukla, learned counsel appearing for the Union disputed the said contentions of the petitioners and said that proceeds of crime should be the result of criminal activity relating to a Scheduled offence and the offence may be specified either in Part A, B or C of the Schedule, which is evident from the definition of Scheduled offences as provided in Section 2(1)(y) of the PML Act. 17. Learned counsel have not advanced any other argument in support of the petition. 18. We have considered the arguments of learned counsel for the petitioners and Shri Shiv P. Shukla learned counsel representing Union of India. 19. The relevant definitions for the purpose of the present case are extracted as provided under Section 2(....
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.... the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine which may extend to five lakh rupees: Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words "which may extend to seven years", the words "which may extend to ten years" had been substituted." 22. By the amending Act of 2009, the provisions of PML Act were amended and Scheduled offences under Sections 419, 420, 467, 468, 471 and 120B IPC which were in Part B of the Schedule were bro....