TaxTMI 
TaxTMI 
2023 (6) TMI 1340
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....e case of the prosecution is that during a search and seizure action under Section 132 of the Income Tax Act conducted on 30.06.2022 on one Mr. Suryakant Tiwari at a hotel room of Hotel Shereton Grand, Bengaluru, certain incriminating materials is said to have been found, based upon which a complaint was lodged by the Income Tax Department at the Kadugodi, Police Station Bengaluru alleging offences under Sections 186, 204 and 353 read with Section 120B of the IPC which led to the registration of the FIR. Based upon the further investigations the Enforcement Directorate registered ECIR No. RPZO/09/2022 and further investigation was conducted. 3. In the course of the investigation the present applicant was summoned and finally the applicant was arrested on 02.12.2022. The applicant is said to be the officer of the State Civil Services in the State of Chhattisgarh posted as a Deputy Secretary in the office of the Chief Minister of Chhattisgarh working on the post as OSD to CM. 4. As per the prosecution case, it is alleged that she is actively associated with the aforenamed main accused Suryakant Tiwari. The investigation conducted by the Income Tax Department as also by the Enforcem....
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.... the applicant and the main accused person, which would reveal transaction of cash money between the applicant and the main accused Suryakant Tiwari and other accused persons like- Manish Upadhyay, Laxmikant Tiwari etc. who are said to be a relatives of Suryakant Tiwari. It is said that Manish Upadhyay acted as a conduit and a currier and who looked after the movement of the proceeds of crime. 7. According to the prosecution, there have been huge amount of wealth amassed mast by the present applicant and the entries made in the diaries recovered would match the timings of the sale-deeds that were executed. According to the counsels appearing for the applicant, it is a case where the applicant would be entitled for the benefit under the exceptions carved out under Section 45 of the PMLA. According to the Senior Counsel appearing for the applicant, she being a woman would be entitled for the benefit of first proviso to Section 45(1) of the PMLA. It was the further contention of the learned counsels appearing for the applicant that now that the investigation is complete, there is no further requirement of the applicant to be further undergo custody. Moreover, the applicant has cooper....
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.... satisfactory explanation as regards the source of the said mobile phones and watches. Learned ASG further referred to certain documents which would show that initially agreement for purchase of property are made in the name of the relatives of the main accused Suryakant Tiwari, but when the saledeed was executed in the office of the Sub-Registrar the property stands registered in the name of the relatives of the present applicant. 11. According to the learned ASG, there is sufficient material collected in the course of the investigation to demonstrate an offence under the PMLA. According to the learned ASG, the magnitude of the nature of offence are deep rooted. In order to ensure curbing of such menace of Money Laundering within the country the applicant in the factual scenario of the case is not to be released on bail. It was the further contention of the learned ASG that given the amount of influence that the applicant commands within the government and also considering the nexus that the applicant has with the other accused persons, there is all likelihood of the present applicant using her position, influence and power, try to tamper the evidence, witnesses, etc. for which a....
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....e is considering only the bail application under Section 439 is not specifically referring to the specific instances and the specific amount and other minute details connecting the present applicant with the other accused persons and main accused as it may have an adverse effect in the course of the trial. 16. Having perused the entire voluminous documents produced by either side, the magnitude of the amount involved in the so called scam or the economic offence is incomprehensible. Further, the number of persons involved in the commission of the offence directly or indirectly and many of them being part of the bureaucracy itself and the period of commission of the offence spanning considerable period of time makes the gravity of the offence graver. What is required to be seen is the gravity and magnitude of the offence. Economic offences are on the rise not only within the State, but also in the Country. It was in this context that the very Act (PMLA) was enacted in the year 2002. The intention and object behind the enactment of the Act itself is to ensure curbing of such acts of Money Laundering. When such acts are done by public servants having power and influence of the office....