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2022 (12) TMI 141 - HC - Money LaunderingSeeking grant of anticipatory bail - Hawala transactions - proceeds of crime - predicate offence/scheduled offence or not - allegations are that the accused on the basis of forged documents, obtained illegally, a total number of 263 Reliance WLL PCO phone connections which were activated during the period between 18.04.2011 and 30.07.2011 and through the said phone connections, earned illegal money by making calls on certain pre-fixed international numbers and putting on hold such calls in the manner described in the complaint. HELD THAT:- The role of Shri Shafaat Ejaz Siddiqui was found to be clearly covered by the definition of offence of money laundering as defined under Section 3 of the PML Act. The proceeds of crime was projected in the form of two immovable properties and bank balance available in various accounts in which proceeds was received from abroad - Shri Tabish Mansoor was found to be involved in running of 112 out of 263 numbers of Reliance WLL phones in association with Shri Shafaat Ejaz Siddiqui and he was found to be in possession of proceeds of crime in cash worth Rs.10,20,000/- which was concealed by him for the purpose of money laundering. Rigors of Section 45 of the PMLA have to be applied while considering the prayer for grant of anticipatory bail. This court is of the view that there is sufficient documentary evidence available on record to substantiate involvement of the accused-applicants in the offence of money laundering. Economic offences constitute a class apart and need to be visited with a different approach in the matters of bail. The proceedings of predicate offence and that of money laundering are separate and mere grant of bail in predicate offence does not become basis to grant of bail in case of money laundering. Details of proceeds of crime have been mentioned in the complaint which would disclose crores of rupees was transferred in the accounts of the accused-applicants and they utilized the said proceeds of crime for their own purposes or some other purposes - Trial court has noted that the accused-applicants have been avoiding due process of the court and, therefore, their anticipatory bail applications had been rejected by the learned trial court. These applications for anticipatory bail are hereby rejected.
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