TMI Blog2010 (5) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Enforcement could not find any incriminating material against him, they felt defeated and, therefore, started searching a trap to implicate the petitioner or to bring him within the provisions of Prevention of Money Laundering Act, 2002 (hereinafter referred to as `PML Act ). The premises of the petitioner was thereafter again searched on 5th December, 2009 by the officers of the Narcotic Control Bureau of India (NCB for short) alongwith the officers of Directorate of Enforcement. 3. The petitioner was arrested on 6th December, 2009 by invoking the provisions of Section 24 and 27A of the NDPS Act. He was produced before the Duty Magistrate when the NCB officials sought custodial remand of the petitioner for three days. In the remand application, the respondent-NCB, inter alia, stated that the petitioner was involved in financing directly and indirectly to various peoples all over the world for sale, purchase, transportation of narcotic drugs, import into India, export from India or transshipment of the said narcotic drugs and psychotropic substances etc. and was in fact indulging in such activities. It was further alleged that the involvement of the petitioner in such activ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny case provisions of Section 24 and 27A of the NDPS Act could not be invoked. 6. On 23rd December, 2009 the learned Special Judge extended the remand till 6th January, 2010. On 6th January, 2010, the petitioner moved another application stating that he was a Non-Resident Indian and residing in Dubai for the last fourteen years and has been engaged in a business. He further alleged that his arrest was effected by the respondents only at the instance of Enforcement Directorate as they wanted to bring the case under the schedule of the PML Act. The petitioner also produced a certificate issued by Ministry of Justice, Milan, Italy, and Ministry of Justice, Modena to the effect that no criminal record pertaining to the petitioner was available either in Milan and Modena, as alleged by the respondents. The learned Special Judge did not accede to his request and rather, allowed the prayer of the respondents, sending him in judicial custody till 13th January, 2010. This custody has been extended from time to time by the learned Special Judge. The last application filed by the petitioner opposing the judicial remand on 25th February, 2010 was also dismissed by the learned Special Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorities in India invoking the provisions of Section 24 27A of the NDPS Act. Drawing our attention to these provisions, learned Senior Counsel argued that Section 24 of the Act deals with the engagement in or controlling any trade in Narcotic Drug or Psychotropic Substance. Likewise, Section 27A of the Act imposes punishment for financing illicit traffic and harbouring offenders. His submission was that it was not the case of the respondents that petitioner deals with the narcotic drugs. Even if the prosecution case was to be believed, as per the allegations of the respondents, the petitioner comes into picture only after the drug is sold, as allegations against him are for dealing with money which he received from others after the drug operation/activity was over. It was the submission of the learned Senior Counsel that even if it was tainted money in his hands, Section 24 27A of the Act would not be applicable. For this purpose, he also referred to Section 12 of the said Act as per which it had no territorial operations. He referred to the provisions of Section 8A and Section 32 of the Act as well as some other provisions and submitted that even if a case is treated to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) Cultivating any coca plant or gathering any portion of coca plant; (ii) Cultivating the opium poppy or any cannabis plant; (iii) Engaging in the production, manufacture, possession, sale purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transshipment, of narcotic drugs or psychotropic substances; (iv) Dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or (v) Handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv). 12. Other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorization issued, thereunder, and includes- (1) Financing, directly or indirectly, any of the aforementioned activities; (2) Abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and (3) Harbouring persons engaged in any of the aforementioned activities. Section 24:- Punishment for external dealings in narcoti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... those who indulge in financing, directly or indirectly, any of the activities specified in sub-Clauses (i) to (v) of clause (viiia) of Section 2 which provides the definition of illicit traffic . We had examined the record keeping in view the aforesaid legal position in mind. 14. Since the matter is still at investigation stage and charge-sheet is yet to be filed, it would not be appropriate for us to comment upon the material collected by the investigating officer against the petitioner during the investigation. We would only observe at this stage that the material collected so far does indicate the possibility of launded money received by the petitioner and hawala money which is being rooted again to facilitate illegal traffic where the possibility of role of the petitioner in financing the said illicit traffic, directly or indirectly, cannot be ruled out. Therefore, it cannot be said that there is no jurisdiction with the Special Judge to deal with this matter. The submission of the learned counsel for the petitioner that even on the basis of admitted facts no case of illicit trafficking is made out, cannot be accepted at this stage. 15. From the record, it is clear that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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