Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2019 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 428 - HC - Money LaunderingGrant of anticipatory bail - money laundering - proceeds of crime - allegation of possession of pecuniary resources or property disproportionate to his known source of income for which he could not satisfactorily account - HELD THAT:- It is evident that Dr. Pradeep Kumar, Rajendra Kumar, Nandlal HUF, Shyamal Chakravarty, Dharmendra Kumar Dhiraj, Naresh Kumar Kejriwal, Inderlal Kejriwal and Sitaram Pathak are knowingly involved in acquisition, concealment and transfer of proceeds of crime and are knowing involved in projection of tainted properties as untainted - That, the complaint under section 45 read with section 44 of the PMLA for commission of offence under section 3, punishable under section 4 of the PMLA was also duly filed on 03.11.2018 before the Hon'ble Court of Special Judge, CBIcum under PMLA at Ranchi against the six accused persons viz. Dr. Pradeep Kumar (A-1), Rajendra Kumar(A-2), Nand Lal HUF (A-3), Shyamal Chakravarty (A-4) Dharmendra Kumar Dhiraj (A-5) and Naresh Kumar Kejriwal (A-6) wherein cognizance has already been taken by the Hon'ble Special Court for the offence under section 3, punishable under section 4 of the PMLA and the same is pending for trial before the Hon'ble Special Court. It is no doubt true that the complaint has been made by the respondent only in pursuant to the scheduled offence. In a given case, the complaint may emanate from a registration of a case involving scheduled offence. But the fate of the investigation in the said scheduled offence cannot have bearing to the proceedings under the Prevention of Money Laundering Act, 2002. Section 2(u) of the Act merely speaks of a criminal activity relating to a scheduled offence. Therefore, we are concerned with the criminal activity qua a scheduled offence. Going through the averments made in the complaint petition and submissions advanced on their behalves and also the judgments relied upon by them and considering the fact that cognizance has already been taken against the petitioner in this case, at this stage, the document which have been relied by the petitioner and the filed by the petitioner for quashing of order dated 10.09.2013 passed in R.C. Case No. 01(A) of 2011- R, whereby cognizance of the offence punishable under Section 109 of the Indian Penal Code and under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 taken against the petitioner, whereby the Cr.M.P. was allowed and cognizance order dated 10.09.2013 was quashed, cannot be relied upon. Petition dismissed.
|