TaxTMI 
TaxTMI 
TaxTMI 
2024 (6) TMI 1547
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....D investigation, it was reveled that a criminal syndicate has been operating in the State of Chhattisgarh which was extorting illegal commission in the sale of liquor and was also involved in unauthorized sale of unaccounted liquor through government liquor shops. It is estimated that proceeds of crime of around Rs. 2161 Crores has been generated by the suspects, ED investigation has revealed that the syndicate collected illegal money from the sale of liquor. The ED has issued a letter to the ACB, Raipur under Section 66 of the PMLA, 2002 upon which the present FIR No. 04/2024 has been registered. 3. The application in brief is that between 26.02.2020-01.03.2020, the Income Tax Department carried search and seizure operation on several premises owned by the applicant and his family. Subsequently, statements of various individuals were recorded who are alleged to be part of an imaginary liquor syndicate in the State of Chhattisgarh. It is alleged that nothing has been recorded by the Income Tax Department with regard to the liquor trade, payment or receipt of any bribe amount by either the distillers or other stakeholders in the business of liquor in the State of Chhattisgarh and....
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....4). On 21.05.2023, the ED, illegally investigated without any jurisdiction and issued a provisional attachment order No.03/2023 followed by an Original Complaint No. 2001/2023 seeking confirmation of the Provisional Attachment Order No. 03/2023. From perusal of the said complaint, it clearly shows that bogus and flawed allegations and fictitious case was made out by the ED against the applicant. However, the statements of the individuals recorded by the ED before the Income Tax Department had denied the allegations of illegal liquor trade in the State of Chhattisgarh and the allegation of alleged scam of over Rs. 2000 crores is a figment of imagination by the ED as there was no recovery of the amount or incriminating material, illegal liquor bottle or duplicate holograms from the applicant or any of his associates. The investigation carried out by the ED is plethoric and inconsistent and is malafide. 6. The Hon'ble Supreme Court quashed the prosecution complaint dated 04.07.2023 filed against the applicant and has categorically held that there was neither any scheduled offence in the ECIR 11 nor there was any criminal proceedings and therefore the entire genesis of registration ....
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....tection from any coercive action against the two co-accused persons in Cr. M.P. No. 721 of 2024 (Anil Tuteja & Another Vs. Union of India and Others). On 03.04.2024, the applicant filed a writ petition seeking quashing of FIR against him vide Cr. M.P. No. 4510/2024 and has also sought for similar relief as has been granted to the above co-accused. However, on 04.04.2024, during the listing of this petition, without any prior notice, the applicant was intercepted and detained while he was traveling and taken to the office of the Respondent. On 08.04.2024, the Hon'ble Supreme Court quashed the prosecution complaint filed against the applicant dated 04.07.2023 and held that neither there was any scheduled offence in the ECIR 11 nor there was any criminal proceedings and therefore the entire genesis of the registration of the FIR including the issuance of the letter under Section 66 of the PMLA, 2002 by the ED leading the registration of the FIR was quashed. Thereafter the applicant was produced before the learned Special Judge and sought for his remand in police custody for eight days from 8.04.2024 to 16.04.2024 which was further extended for a period for 4 days i.e. till 12.04.2024 ....
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....eceipt of every subsequent information in respect of the same cognizable offence or the same ocurence or incident giving rise to one or more cognizable offences. On receipt of information about a cognizable offence or an incident giving rise to a cognizable offence or offences and on entering the FIR in the station house diary, the officer in charge of a police station has to investigation not merely the cognizable offence reported in the FIR but also other connected offences found to have been committed in the course of the same transaction or the same occurrence and file one or more reports as provided in Section 173 Cr. P.C." 9. On the other hand, State counsel opposing the submissions of the learned Senior Counsel for the applicant submits that the alleged crime is serious in nature and the present applicant is operating criminal syndicate and extorting illegal commission in the sale of liquor by using duplicate holograms and unauthorized sale of unaccounted liquor through government liquor shops. He submits that in compliance of the order passed by the learned trial Court, the applicant was taken to the District Hospital by the jail authorities where he was examined by the ....