2023 (6) TMI 1487

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....itor General appearing for the Union 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". Th....

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....No. 12/20, U/S 120B/409/420/467/468/471 of IPC & sections 13(2)/13(1) (d) of P C Act xiv. Special Case No. 13/20, U/S 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 (E....

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....order no. 04 of 2021 dated 30-06-2021. 7. The proceeds of crime have been invested by petitioner in acquiring property in the name of his wife so as 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 ....

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....as used his wife's and daughter's account for deposits of proceeds of crime with the oblique motive of channelizing the said amount in the main stream economy. 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 procureme....