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Ajay Jain Versus Directorate of Enforcement

2016 (10) TMI 464 - PUNJAB & HARYANA HIGH COURT

Denial of bail - generation of money in the form of 'Proceeds of Crime - offence of Money Laundering - Held that:- By no stretch of imagination, figures indicate any exorbitant cash credits or income as imputed to the petitioner. Further more, in Para 3 of the reply, the respondent has himself mentioned that the petitioner's flat in Ahinsa Vihar, Sector 9, Rohini, Delhi was purchased by him for an amount of ₹ 1,60,000/- only (more than 20 years ago) on 14.6.1995. So, there is nothing unusu .....

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llegations of such transactions, and more importantly, there is no explanation or indication by the complainant/respondent whatsoever to show as to in what manner, the petitioner had been engaged in projecting or claiming the aforesaid 'Proceeds of Crimes' as 'untainted property', which is an essential ingredient to constitute the offence of Money Laundering as defined u/s 3 of the PML Act. - For the reasons recorded above, and also in view of the fact that the principal assets of the petiti .....

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-10-2016 - Surya Kant And Sudip Ahluwalia, JJ. Mr. Dharmender Bhan, Advocate for the petitioner Ms. Ranjana Shahi, Advocate for the respondent ORDER Sudip Ahluwalia, J. This is a petition for anticipatory bail u/s 438 Cr.PC in third supplementary complaint No.1 of 22.01.2016 in case ECIR No.02/JLZO/2013, Police Station Directorate of Enforcement, under section 4 read with Section 45(1) of the Prevention of Money Laundering (PML) Act, 2002 titled as 'Assistant Director, Directorate of Enforce .....

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t and Section 25 of the Arms Act. He was granted bail in both those cases earlier by this Court in CRM-M-24317 of 2014 and CRM-M-3593 of 2015, vide orders dated 6.10.2014 and 23.2.2015 respectively. Now, he claims to have been falsely implicated in the present complaint case for the alleged offence u/s 4 read with Section 45(1) of the PML Act. He further claims to have already been subjected to interrogation on 5.8.2014, while in judicial custody in the previous two NDPS cases, on which date, he .....

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and acquired/generated proceeds of crime totaling to ₹ 70,00,000/-. He purchased pseudoephedrine worth ₹ 68,00,000/- in 2012 and sold this consignment to Suresh Kumar @ Mehnga Ram for an amount of ₹ 70,00,000/- and thus acquired proceeds of crime to the tune of ₹ 70,00,000/-. Police Authorities had seized 2 kg. Pseudoephedrine and 300 gms. Intoxicant powder from him. He owns flat No.C-35, Plot No.27/1, Ahimsa Vihar, Sector-9, Rohini, Delhi and proceeds of crime of ₹ .....

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er Section 5 of the PML Act, 2002 vide Provisional Attachment Order No.04/2015 dated 17.12.2015 and subsequently Original Complaint No.542/2016 dated 11.01.2016 has been filed before the Adjudicating Authority, PMLA, New Delhi for confirmation of the same. The Adjudicating Authority (PMLA), New Delhi has confirmed the Provisional Attachment Order vide order dated 10.06.2016 in Original Complaint No.542/2016. 4. Besides, the complainant has asserted that the petitioner is the owner of Flat No. C- .....

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ent is that the income generated/assets possessed by the petitioner, were derived from 'Proceeds of Crimes' , as a consequence of his having been involved in the offences under the NDPS Act. 5. We have carefully considered the submissions advanced on behalf of both the sides. It may be mentioned that the total amount of cash entries credited in the business account of petitioner during the year 2012, as numerated in Para 4 of the respondent's reply, comes to ₹ 1,89,000/- only. .....

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