Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2023 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 478 - HC - Money LaunderingSeeking grant of Regular Bail - Money Laundering - scheduled offence - proceeds of crime - illegal mining activities and ferrying through ships/ferry in Sahebganj - income from legitimate source or not - HELD THAT:- There is a prima facie case about the large-scale illegal mining activities being carried out in the district of Sahebganj over the Rajmahal Hills. The scheduled offences are being investigated by the state police and in two of them, on the basis of which the ECIR registered, the petitioner has been absolved of the charges. Investigation in several other cases are in progress for offences of illegal mining loading charges under sections 414 of the IPC, Minor Mineral Concession Rule, 2004, Mines and Minerals(Development and Regulation) Act 1957, Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storag) Rules 2017, Explosive Substance Act, 1908. Offences under sections 411 and 414 IPC along with the offences under sections 3, 4, 5 of the Explosive Substance Act,1908 into the matter of illegal mining are schedule offences under PMLA. Offence of money-laundering being continuous in nature, the curtain has not been rung down, with final form submitted in two of the cases, as the cases of illegal mining activities are still in the process of being investigated. The investigation is not confined to ₹ 83 lakhs so far seized in the account of the petitioner but it has revealed larger transactions that took place from his account and therefore the plea of bail for the crime proceeds being less than one crore under section 45(1) of PMLA is not sustainable in the eyes of law. With regard to the health condition of the petitioner the jail authorities are directed to provide medical facilities and treatment as per the Jail Manual. However, there does not exist any special ground for grant of bail on health grounds at this stage. The prayer for regular bail is rejected.
|