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Narendra Mohan Singh, Son of Sri Kripa Shankar Singh Versus Director, Directorate of Enforcement

Offence under sections 3 and 4 of the P.M.L.A. Act - anticipatory bail - unaccounted amount of more than a crore, which was given as a loan by the petitioner to his wife-Ankita Singh, who in turn, had given a loan of Rupees One Crore to her brother Surya Sonal Singh - Held that:- The supplementary complaint has put much reliance on the fact that Income tax Return did not reflect the loan amount. However, the balance sheet, which has been appended to the Income tax Return for the assessment year .....

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s well as the statement of the accused recorded under section 50 of the Prevention of Money Laundering Act had released the property attached with respect to all the live units. - It is also to be noted herein that the petitioner or for that matter other accused Surya Sonal Singh and Ankita Singh were never made accused in the main offence, which was investigated by the C.B.I. Thus, the allegation made in the supplementary complaint seems to have been sufficiently diluted by virtue of the o .....

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of the circumstances, enumerated above, I am inclined to allow this application. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of ₹ 10,000/- (Ten thousand only), with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I., Ranchi - B.A. No. 6582 of 2017 - Dated:- 7-9-2017 - Rongon Mukhopadhyay, J. For the Petitioner : Mr. Anil Kumar Sinha, Sr. Advocate. Mr. Sameer Saurabh, Advocate For the Opposite .....

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ief is that Kamlesh Kumar Singh, who was a Minister in the Government of Jharkhand, while holding the post of a public servant had amassed wealth disproportionate to his known sources of income. It is alleged that an investigation was conducted by the Central Bureau of Investigation in relation to a schedule offence and chargesheet was submitted against Shri Kamlesh Kumar Singh and his wife Smt. Madhu Singh under section 9 of the Indian Penal Code read with sections 13(2) and 13 (1)(e) of the Pr .....

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t, 2002 only against Shri Kamlesh Kumar Singh and cognizance was taken on 14.2.2011 under section 4 of the said Act. Investigation was carried out with respect to the income and properties acquired by Surya Sonal Singh, petitioner in B.A. No. 6583 of 2017 and it was revealed that he had acquired moveable and immovable properties worth ₹ 1,64,62,567/-. During investigation, it was revealed that the properties were acquired by the accused- Surya Sonal Singh after taking unsecured loan of Rup .....

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ed that the statement of Ankita Singh was recorded under section 50 of the Act wherein she had confirmed of giving loan to her brother of Rupees One Crore in two installments of ₹ 50 lacs each. Investigation also revealed that the said loan was never reflected in Income tax Returns of Ankita Singh. In view of the statement of Ankita Singh, accused Narendra Mohan Singh, present petitioner, was summoned and after appearance he admitted that he had advanced a loan of ₹ 1,26,63.000 to hi .....

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never made an accused in the main offence by the C.B.I. It has been submitted that merely on account of the allegation of undisclosed source of Rupees One Crore, which was given by Ankita Singh to her brother-Surya Sonal Singh, petitioner has been implicated for having extended the loan to his wife Smt. Ankita Singh and the same was never disclosed in the I.T. Returns. It has also been submitted that adjudicating authority under the Prevention of Money Laundering Act had clearly held that the In .....

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h were provisionally attached, were released by virtue of the order passed by the adjudicating authority. Learned senior counsel also submits that so called tainted amount cannot be said to be Proceeds of Crime when the adjudicating authority has itself rejected the contention of the Investigating Officer. Learned senior counsel submits that it was Kamlesh Kumar Singh, who was alleged to have committed a schedule offence but the petitioner was never involved in commission of such offence. Learne .....

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e sheet was indeed filed. It has been stated that only on assumption and presumption, petitioner has been implicated in the present case. It has further been submitted that during investigation, petitioner had fully cooperated and had also appeared before the agency for recording his statement. Learned senior counsel has also referred to Section 41 A of Code of Criminal Procedure and has submitted that the entire circumstances enumerated above would lead to an inference that the petitioner since .....

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referred to the orders passed in B.A. No. 2703 of 2012 and B.A. No. 3602 of 2014, in which Kamlesh Kumar Singh @ Kamlesh Singh and his wife Madhu Singh have been granted bail by this Court. It has therefore been prayed that since no case is made out against the petitioner as the amount of Rupees One Crore has been well accounted for and the petitioner being in custody he be directed to be released on bail. Countering the arguments advanced by the learned senior counsel for the petitioner, Mr. P .....

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was taken by Surya Sonal Singh, petitioner in B.A. No. 6583 of 2017, from the wife of the petitioner, has never been disclosed and therefore the cash flow statement is not reliable. Learned counsel submits that statement of bank account of the petitioner and other accused persons shows a dubious pattern as the loan amount had neither been reflected in the Income tax Return of the petitioner or in the Income tax Return of his wife-Ankita Singh. Learned counsel submits that the entire amounts wer .....

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ar as this petitioner and other accused Ankita Singh as well as Surya Sonal Singh is concerned, is with respect to unaccounted amount of more than a crore, which was given as a loan by the petitioner to his wife-Ankita Singh, who in turn, had given a loan of Rupees One Crore to her brother Surya Sonal Singh. The supplementary complaint has put much reliance on the fact that Income tax Return did not reflect the loan amount. However, the balance sheet, which has been appended to the Income tax Re .....

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