2023 (12) TMI 1243

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....ipatory bail in in Complaint Case No. 678 of 2023, ECIR No. ECIR/ALSZO/09/2014, under Sections 3/4 P.M.L.A., 2002, registered at Police Station Directorate of Enforcement, Prayagraj (Allahabad), District Prayagraj (Allahabad). 3. The aforesaid case was initiated by a complaint filed by the Directorate of Enforcement on 12.12.2022 against 14 persons, including the applicant, stating that an FIR No. RC 4(S)/2014/CBI/SCB/Lucknow was registered on 25.2.2014, under Sections 120B read with 409,420,468,471 IPC and section 13(2) read with 13(1)(d) of P.C. Act, 1988 regarding alleged large scale financial bungling, gross irregularities and misappropriation of funds in MNREGA in District- Mirzapur during the period 2007-2010. 4. The investigations ....

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.... stated that the construction material supplied by M/s Kaimore Enterprises had actually been supplied by the co-accused Sanjay Kumar Singh. 6. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is 63 years old and innocent person having no criminal history except for the scheduled offence in which has has already been granted bail by means of an order dated 11.4.2022 passed by a Coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 93 of 2022. 7. The learned counsel for the applicant has submitted that the total proceeds of the crime alleged in the present case is Rs. 7,30,620/-, out of which Rs. 1,89,500/- only is said to have been credited to the ban....

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.... offence specified in Part B of the Schedule, if the total value exceeded Rs. 30 lakhs. In the present case, the total value involved in commission of the offence is Rs. 7,30,620/- only, which is far below the threshold of Rs. 30 lakhs provided under Section 2(y)(ii) of PMLA, 2002. In absence of any Scheduled offence as defined in the Section aforesaid having been committed, there can be no occasion or generation or any other proceeds of the crime or any other related activity and no offence under Section 3 of PMLA, 2002 can be said to have been committed. 10. The learned counsel for the respondent-Directorate of Enforcement has sought a liberty to file a counter affidavit for further elaborating this point. But as this point is purely leg....