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2013 (12) TMI 1588

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..... e Arms Act, 1959 along with the copies of the seizure reports and statements of prosecution witnesses recorded under section 161 Cr.P.C. relating to the petitioners, addressed to the Assistant Director, Directorate of Enforcement, Bhubaneswar, it being found that the petitioner no. 2 was involved in large scale smuggling of iron ores and acquired huge properties through illegal means and also through extortion by the concerned Investigating Officer, the petitioner no. 2 was arrested by the Barbil police and was detained under N.S.A. being lodged in Keonjhar Jail. Pursuant to an order passed by this Court, the opp. party no. 1 interrogated the accused - petitioner no. 2 in jail custody of 22.5.2010 in presence of the Superintendent of Keonjhar District Jail. Finding that the offences under sections 307/387 IPC as well as under sections 25 and 27 of the Arms Act 1959 are scheduled offences under the PMLA (as amended), the Directorate of Enforcement, Bhubaneswar registered the ECIR bearing No. 14/BBSR/ 2010 dated 8.5.2010 against the petitioner no.2 for initiating action under PMLA. Investigation was taken up under the said Act and it was found out during the investigation that the ac .....

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..... ctions 307/353/387 read Superintendent of Act. with section 25 & 27 Arms Act Police, Keonjhar District , Orissa. 7. Material relating to commission of offence and reason to believe that an offence of money laundering has been committed and assessment thereof. On 05.03.2010 Shri Krishna Chandra Parida son of late Natabar Parida Inspector in-charge of Barbil Police Station, District - Keonjhar lodged an FIR that he received an information on 06.03.2010 at 4 A.M. from his source to the effect that on 05.03.2010 at about 10 P.M. one Jiten @ Jitendra Jha of Station Road, P.S. - Barbil was terrorizing the business men at Barbil by a revolver on demand of Dada Buti. None of the locality dared to lodge any complain against the said Jiten @ Jitendra Jha. However, Sri Krisna Chandra Parida, Inspector in-charge of Barbil Police Station himself entered the above mentioned fact in Barbil police station diary on 6.3.2010 and left for the spot, i.e., house of Jiten @ Jitendra Jha of Barbil with S/Sri A.P. Kar, Sub-Inspector, B.Gidhi and S. Purohit, A.S.Is, Ram Chandra Patra, N.Mohanta, Habildars and other staff and conducted search in the house premises of said Jiten @ Jitendra Jha. During the .....

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..... trate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint has been filed by a person authorized to investigate the offence mentioned in that Schedule, before a Magistrate or court for taking cognizance of the scheduled offence, as the case may be, or a similar report or complaint has been made or filed under the corresponding law of any other country: Provided further that, notwithstanding anything contained in clause (b), any property of any person may be attached under this section if the Director or any other officer not below the rank of Deputy Director authorized by him for the purpose of this section has reason to believe (the reasons for such belief to be recorded in writing), on the basis of material in his possession, that if such property involved in money laundering is not attached immediately under this Chapter, the non-attachment of the property is likely to frustrate any proceeding under this Act" (2) The Director, or any other officer not below the rank of Deputy Director, shall, immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession, referred to in that sub-secti .....

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..... be stayed till final disposal of the proceeding under the Income Tax Act. 9. It appears from the record that in the case initiated by the police which was ultimately tried by the learned Assistant Sessions Judge, Keonjhar in S.T. Case No. 23/70 of 2011 and the learned Assistant Sessions Judge by his judgment dated 7.11.2011 has acquitted the petitioner no.2 (sole accused) from the offences for which he was charged and with regard to the property seized, returned a finding that the seized fire arm shall be submitted to the State armoury for its disposal and the seized cash, gold ornaments and foreign currency shall be at the disposal of the State Government and the claim of the accused for its return is to be decided by the Income Tax Department. The order of disposal of the seized revolver shall take effect after four months from expiry of the appeal period and shall be subject to the order in appeal, if any. 10. On the basis of such order of acquittal, Mr. Kanungo submitted that if the proceeding under the PMLA is allowed to proceed, it would amount to double jeopardy in respect of the petitioner no.2. 11. Mr. S.D. Das, learned Assistant Solicitor General appearing for the opp. .....

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