TaxTMI 
TaxTMI 
2023 (6) TMI 1487
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....of India. 2. The petitioner seeks bail in connection with Special Trial No. (PMLA) 05 of 2021, arising out of ECIR No. PTZO/04/2018, dated 24.05.2018, registered for the offence punishable under Section 4 of the Prevention of Money- Laundering Act, 2002 (hereinafter referred to as 'the PMLA'). 3. Several First Information Reports (for brevity 'FIR') were lodged in connection with fraudulent transfers /misappropriation of huge sums of government money under a conspiracy between government officials and employees, Bank officials and employees, office bearers and members of Srijan Mahila Vikash Sahyog Samiti Limited (for brevity 'SMVSSL') and other accused persons, popularly known as "Srijan Scam". The petitioner is made an accused in follow....
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.... 120B/409/420/467/468/471 of IPC & sections 13(2)/13(1) (c) & 13(1)(d) of PC Act xv. Special Case No.1/21, U/S 120B/409/467/468/471 of IPC & sections 13(2)/13(1)(c) & 13(1)(d) of P C Act (Bail). xvi. Special Case No.5/19, U/S 120B/409/420/467/468/471 of IPC & sections 13(2)/ 13(1)(d) of P C Act (Bail). xvii. Special Case No. 2/2021, U/S 120B/409/420/467/468/471 of IPC & sections 13(2)/ 13(1)(d) of PC Act(Bail) 4. The offences being investigated were found to be scheduled offences, as per the provisions of PMLA and, accordingly, investigation was taken up by the Enforcement Directorate (ED), under the provisions of the PMLA for ascertaining the proceeds of crime and for filing complaints. The ECIR No. PTZO/04/2018, thus, came to b....
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.... to integrate the amount, being proceeds of crime in the main stream economy. The petitioner has assisted late Manorma Devi in money laundering and, therefore, he cannot deny his liability for the crime under Section 3 of the PMLA. 8. Thereafter, Original Complaint No. 1498 of 2021 was filed before the Adjudicating Authority on 26/07/2021 for confirmation of the provisional attachment order in compliance with the principles of natural justice, inherent under Section 8 (1) of the PMLA. The same was subsequently confirmed by the Adjudicating Authority. The prosecution complaint vide Special Case No. 5 of 2021 was then filed before the Special Court on 04/10/2021, in which, cognizance has been taken on 04/10/2021 itself. The petitioner was, a....
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.... The petitioner had knowingly indulged in acquisition, possession, use and concealment of proceeds of crime for projecting or claiming it to be untainted property. Having committed the offence under Section 3 of the PMLA, the petitioner's prayer for bail is bared by Section 45(1)(ii) of the PMLA. 12. On consideration of rival submissions, this Court finds that material has been placed on record in the complaint case indicating huge transactions for acquisition of real estate properties. There is transfer of funds through RTGS from the account of late Manorma Devi, towards procurement of some of the land and properties. The petitioner is also an accused in 17 cases, which together constitute the Srijan Scam. 13. In view of existence of mat....