TaxTMI 
TaxTMI 
2025 (3) TMI 1486
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....ction with ECIR No.JPZO/03/2023 for the offences under Sections 3/4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the PMLA'). 2. The Learned counsel appearing on behalf of the accused petitioners, Mr. Hora presents an argument, asserting that no substantial case has been made out against the present petitioners under the Prevention of Money Laundering Act, 2002 ("PMLA"). He firmly states that the petitioners have neither generated nor laundered funds through illicit activities. The petitioners have already been enlarged on bail under the predicate offence, and no recovery of any money was made from the petitioners. The predicate offence was entirely different from the case under the PMLA, and the Enforcement Directorate ("ED") entirely rest its case on the evidence collected in the predicate offence. The predicate offence committed under the provision of The Rajasthan Public Examination (Measures of Prevention of Unfair Means in Recruitment) Act, 2022, does not fall in the scheduled offence. The predicate offence under section 420 of the Indian Penal Code, 1860 is also not made out against the petitioners as the petitioners have not induced any perso....
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....absconding, chalked out the whole plan and provided the leaked question paper to different candidates in a moving bus. The petitioner- Suresh Kumar was getting regular instructions from Suresh Dhaka and Bhupendra Saran, who conceptualized the whole plan of leaking the question paper of General Knowledge subject of the Senior Teacher 2nd Grade Competitive Examination, 2022, and later on caught red handedly, while providing and tutoring the leaked question paper to candidates. It is also contended that the investigation further revealed that the petitioner Suresh Kumar is directly involved in the said paper leak case and is primary beneficiary of proceeds of crime. He handled the students in Udaipur and was continuously instructing them. The statement of petitioner Suresh Kumar Saran was recorded under Section 50 of the PMLA and he admitted his involvement in the alleged crime of leaking the paper and also admitted that he was getting instructions from Bhupendra Saran (Accused No.3 in the main PC No.1/2024) and Suresh Kumar Dhaka. The petitioner arranged the bus to commute candidates and took printouts of leaked question paper and distributed it to candidates, who were present in the....
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....onnectivity with the other coaccused Suresh and Bhupendra Saran from whom possession the properties and the amount involved in the crime was recovered. The petitioner could not get the amount as the petitioner was caught red handedly as the entire plan was unearthed by the SOG before it could have taken actual shape, therefore, the analogy of the present petitioner that no recovery of any amount was made from his possession is misconceived. Section 3 of the PMLA Act in unequivocally states that even the person who is indirectly involved or assisted in generating the proceeds of crime is liable for the commission of offences. Prima-facie there is enough material available on record before the Court to demonstrate the involvement of the accused petitioner in the alleged offence committed under Section 3/4 of the PMLA Act. As far as the other accused-petitioner-Peera Ram is concerned, the only allegation against him is that he provided his vehicle to the petitioner Suresh Kumar for tutoring the leaked papers to the candidates in a moving bus. The Petitioner-Peera Ram is not associated with the cartel who were involved in leaking the exam paper and further providing it to various perso....
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....e in BNSS and special statuses concerning the bail and non-bailable cases are fundamentally discretionary. These process hinged on key factors including the particulars of the case, essential implication of accused conduct, potential of evidence tempering, and that of the deliberate nature of economic crime must be given it's due consideration. Section 480(6) BNSS does not impose mandatory requirements but empowers the Court to grant bail if a trial is not concluded within the period of 60 days. Nevertheless the Court retrains it's the authority to deny bail as per specific cases. These procedures stem directly from the fundamental principal enshrined in Article 21 of the Indian Constitution and have consistently withstood the judicial scrutiny. Moreover, Section 479 of BNSS also specifies that if a person is a first time offender and has undergone detention for the period of 1/3rd of the punishment maximum provided for that offence, he shall be released on bail. This provision thus stipulates that the first time offender may be detained lawfully up to the period of 1/3rd of imprisonment provided under the offence committed. These procedures are intended to be inserted by the legis....