TaxTMI 
TaxTMI 
2022 (4) TMI 1568
X X X X Extracts X X X X
X X X X Extracts X X X X
....f Money Laundering Act, 2002 (PML Act), Police Station- Directorate of Enforcement, District- Lucknow, during the pendency of trial. PROSECUTION STORY 3. An Enforcement Case Information Report (ECIR) has been registered on the basis of scheduled offence comprising of First Information Report dated 19.6.2017 registered as Case Crime No.831 of 2017, u/s 409, 420, 467, 468, 471, 34 of IPC and Sections 7 & 13 of Prevention of Corruption Act, 1988 (PC Act) against the accused persons. Thereafter, investigation was transferred to Central Bureau of Investigation (CBI) and it was found that a huge amount was embezzled in the project of Gomti River Front. The State Government took cognizance of this project and ordered judicial enquiry headed ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n of property as proceeds of crime. The alleged property was purchased in the name of applicant's wife on 10.9.2013 and the same has wrongly been attached by the Directorate of Enforcement as the date of purchase of the alleged property is almost three years prior to the date of allegation i.e. during June, 2016. The Directorate of Enforcement has acted mechanically and has failed to extract the money trail and have wrongly attached the said property. There is no reason or explanation provided by the department which depicts that the attached property reflects the proceeds of crime and is involved in the act of money laundering. 7. Learned counsel for the applicant has further submitted that the Directorate of Enforcement has not und....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ine SC 882 wherein it has been held that officers, who are invested with powers u/s 53 of NDPS Act, are "police officers" within the meaning of Section 25 of the Evidence Act and, therefore, any confessional statement made before them would attract the bar of Section 25 of the Evidence Act and cannot be taken into account to convict an accused. 10. Learned counsel for the applicant has further stated that the investigative procedure especially in the Statute of PML Act is pari materia to that under NDPS Act. He has further relied upon the judgement of Supreme Court in the case of Nikesh Tara Chand Shah Vs. Union of India 2013 (2) SCC (Cri.) 302 and the relevant para of the said judgement is reproduced hereunder:- "Regard being h....
X X X X Extracts X X X X
X X X X Extracts X X X X
....plicant undertakes that if he is released on bail, he will never misuse the liberty and will cooperate in trial. 13. Per contra, Sri Shiv P. Shukla, learned counsel for the Directorate of Enforcement has vehemently opposed the bail prayer of the applicant by contending that rigors of Section 45 of PML Act are applicable to the present case. As per Section 24, the burden of proof lies upon the accused pertaining to the alleged amount of Rs. 30 lakhs. The total scam is of Rs.1500 crores. He has further relied upon the report dated 16.5.2017 prepared by Hon'ble Mr. (Retd.) Justice Alok Kumar Singh after conducting a thorough inquiry in the matter in which it has come on record that there was illegal money gratification paid to certain a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....not discharge his official responsibility but indulged in misappropriation and diversion of funds without any approval. Learned counsel has lastly submitted that the applicant is not on bail in the predicate offence. 17. It is also stated that the applicant did not pay due diligence in the construction on RCC Diaphragm Wall and misused his official position. The applicant is stated to have signed an agreement for work of "Intercepting Drain" without any financial sanction. The applicant is stated to have used the financial details and profile of his wife Shyama Devi to channelize, place, layer and project i.e. launder the illegitimate properties involved in money laundering derived and obtained by him through illegal monetary gratificati....