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TMI Blog2015 (11) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... t Legal Advisor JUDGMENT Wangdi, J. 1. The Petitioner is a State Private University created under the Eastern Institute for Integrated Learning in Management University Act, 2006 (Act No.4 of 2006) (hereinafter referred to as "EIILMU Act"). In this Writ Petition, the Petitioner-University seeks to quash Enforcement Case Information Report (ECIR) No. KLZO/01/2014/825-827 dated 19-02-2014, Annexure P/2, registered against the persons connected with the Petitioner-University in various capacities for offences under the Prevention of Money-Laundering Act, 2002 (for short "PMLA") corresponding to Sections 420/467/ 120B of the Indian Penal Code (for short "IPC"). 2. The ground raised in the Writ Petition invoking the powers of this Court unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action against the Petitioner-University under the PMLA is premature inasmuch as unless there is conviction in the criminal case under Sections 420/467/471/201/120B IPC filed against them in pursuance of the charge-sheet, Annexure P/12, it cannot be said that offences under the PMLA have been made out against them. (g) For the reasons aforesaid, the order of provisional attachment dated 28-10-2014, Annexure P/18, under Sub-Section (1) of Section 5 of the PMLA and, the subsequent order of its confirmation dated 03-03-2015, Annexure R/1, of the Adjudicating Authority in respect of 9 (nine) different bank accounts, were illegal. 3. In their joint counter-affidavit the Respondents No.1 to 3, denying and disputing all material facts have asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n tried Rajasthan but did not meet with any success till they succeeded in the State of Sikkim which they further used to their advantage to set up more Universities in different parts of the country. As their past history reveal forgery and cheating and use of their influence members of esteemed boards to further their cause. In EIILM University too the same has been done. In addition it has come to light that eminent scholars who are retired or due retirement have been targeted who are easily susceptible to the salary and especially the positions offered, Professor Jahar Saha, Prof Neelamegham etc. This tactic taken to improve the face value of the University, to create a façade of authenticity to delude the public and distract the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 2 of the PMLA. The Respondent No.1 while passing the order of provisional attachment dated 28-10-2014, Annexure P/18, under Sub-Section (1) of Section 5 of the PMLA, inter alia, is found to have recorded the following:- "....................................................................... 3. (a) Perusal of letter dated 12.02.2014, received from Dy. SP.Gegee Norbu S., SPS), Sub Divisional Police Officer, Namchi Sub- Division, South Sikkim, reveals that Sikkim Police has filed a charge sheet dated 06.05.2013 in the court of Ld. Chief Judicial Magistrate (S & W) for commission of offence punishable under section 420/467/471/201/ 120B of Indian Penal Code, against the following persons:- (i) Shri Vinay Rai, S/o. Late Kulwan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Notification No. 28/LD/2006 dated 03.04.2006. The University was granted permission by University Grant Commission vide No.49- 19/2007 (CPP-i) dated 22.7.2008 to conduct programmes as per State Act. EIILM, Kolkata, West Bengal, a unit of Malvika Foundation is the "Sponsor" of this University. (c) The University subsequently established global and a national nexus of educational institutions and started selling Degrees, Diplomas and certificate of various courses through its established network for which it has not been granted permission by any competent authority. The University has several National Co-ordinations functioning all across the country for conducting distance education courses. These Coordinators made payments to the univ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ef Judicial Magistrate, South & West Sikkim at Namchi and the ECIR which is being sought to be quashed, I have no hesitation to hold that this is not a case where, on a bare perusal of the ECIR, no offence has been made out. To the contrary, from what have been alluded to earlier, prima facie there are sufficient materials to constitute offences under the PMLA. 9. The submission of Mr. Shakeel Ahmed, Learned Counsel for the Petitioner-University, that if offences under the Indian Penal Code which have been declared as 'scheduled offences' under the PMLA, are not established, proceeds of crime cannot be determined is, in my view, unacceptable. There is no impediment under the law for the Respondents to proceed against the Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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