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TMI Blog2015 (10) TMI 2579X X X X Extracts X X X X X X X X Extracts X X X X ..... his affidavit dated 20.8.2015 and opposed this application by producing relevant documents collected by the authority before filing of the above referred case. 3. The brief facts arose from the record are as under :- 3.1 That on 25.3.2015, one Haresh B. Vohra, Police Inspector, Special Operation Group, Vadodara City, lodged an FIR being I C.R. No.85 of 2015 with Kishanvadi Police Station, Dist. Vadodara against four accused, namely, Girish @ Tomi Purshottam Patel, Kiran Jayantilal Mala, Chirag Parikh and Dharmendrasinh Vishwanath Chauhan @ Dharmin Chauhan for the offences punishable under Sections 418, 419, 420, 465, 467, 468, 471 and 120-B of Indian Penal Code alleging that the Enforcement department had raided a farm house on 19.3.2015 wherein it was found that 16 persons were indulging in Hawala racket and of cricket betting. An FIR was also lodged against 16 persons for the offences punishable under Sections 4 and 5 of the Public Gambling Act, 1867 read with Sections 65, 66 and 66C of the I.T. Act. The said FIR was registered as C.R. No.222 of 2015 with Kishanvadi Police Station. The said four persons who are referred herein above were amongst the 16 accused against whom the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation. Hence this application. 4. Mr. S. K. Gupta, learned Senior Counsel assisted by Mr. Soeb R. Bhoharia with Valimohammed Pathan, Advocates appearing for the applicant has vehemently submitted that the complaint has been lodged for the so-called offence under Section 3 of PMLA which is punishable under Section 4 of the PMLA. However, the case of the applicant does not fall under the definition of offence of money laundering. He would submit that Section 3 of the PMLA provides that a person can be held guilty of offence of money laundering who is directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected proceeds of crime including its concealment, possession, acquisition or use and also projecting or claiming it as untainted property. 4.1 He would submit that the word "proceeds of crime" is defined under Section 2 (u) of the PMLA. As per the said definition, an amount alleged to have been derived by the applicant through cricket betting would not fall under the proceeds of crime since betting is not a scheduled offence. He would submit that betting of cricket is not a scheduled offence s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es played between 4.12.2014 till 19.3.2015 i.e. the date on which the farm house was raided and searched under the Foreign Exchange Management Act, 1999 for the ongoing ICC World Cup Quarterfinal match between India and Bangladesh. She would submit that the investigation revealed that the applicant along with his brother, namely, Ritesh were actively participating in the illegal activities of betting which has been admitted by the applicant himself in his various statements. She would submit that the applicant is assisting his brother and used to decide rates (bhav) of betting as per the statement of his brother Ritesh Bansal. She, therefore, would submit that the applicant is aware about the betting being done from the place where he was assisting his brother who was directly in contact with the four other accused from whom the fabricated Sim Cards etc. have been found and offence has already been registered at Kishanvadi Police Station at Vadodara. 5.1 It was further argued by Ms. Patel that unless and until there is conspiracy between the applicant, his brother and other coaccused to project and/or claim the untainted property which has been received through cricket betting, fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering. 4. Punishment for money-laundering - Whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine which may extend to five lakh rupees: Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words "which may extend to seven years", the words "which may extend to ten years" had been substituted." 8. Section 3 provides that a person shall be guilty of offence of money laundering when he is directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected proceeds of crime including the concealment, possession, acquisition or use and projecting or claiming it as untainted property. The definition of "proceeds of crime: provided in Section 2 (u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Government by a general or a special order made in this behalf by that Government. [(1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorised, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed.] (2) The limitation on granting of bail specified in sub-section (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail." 12. Section 24 of PMLA reads as under :- "24. Burden of Proof - When a person is accused of having committed the offence under section 3, the burden of proving that proceeds of crime are untainted property shall be on the accused." 13. The burden of proof as referred to herein above relates to proceeds of crime. As stated herein above, since the applicant is not facing any charge for any offence under Part A of Schedule, Section 45 (1) of the PMLA would not be prima facie applicable and, therefore, it is not required that the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Rs. 50,000/- each to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injuries to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave State of Gujarat and Union territory of Delhi without prior permission of the Sessions Judge concerned; [e] mark presence with the respondent No.2 every Monday for a period of three months and thereafter on any day of the first week of each English Calendar month for a period of one year; [f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 17. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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