TMI Blog2019 (8) TMI 1137X X X X Extracts X X X X X X X X Extracts X X X X ..... ence committed affects socio and economic conditions of the country. A bare perusal of petitioner s statement recorded u/s 50 of the PMLA reveals that he is evasive in his replies. However, gravity of the offence committed can be gauged from the contents of the aforesaid statement recorded under Section 50 of PMLA. In any case, it cannot be prima facie said that petitioner s statement recorded under Section 50 PMLA does not incriminate him. This Court is of the prima facie opinion that custodial interrogation of petitioner is required for an effective investigation. Mere attachment of petitioner s property in Income Tax proceedings would not justify grant of pre-arrest bail to petitioner, who is not only evasive in his replies but is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentary complaint filed in May, 2019, name of petitioner finds mention. It was submitted that statement of petitioner under Section 50 of the PMLA has been recorded but its copy has not been supplied to petitioner. Learned senior counsel for petitioner contended that principles of natural justice require that copy of petitioner s statement recorded under Section 50 of the PMLA needs to be supplied to petitioner. On the last date of hearing, learned Additional Solicitor General (ASG) had submitted that copy of petitioner s statement recorded under Section 50 of the PMLA can be made available to the Court but not to the petitioner. Learned senior counsel for petitioner had drawn attention of this Court to respondent s Reply (Annexure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged. It was next submitted by learned senior counsel for petitioner that facts noticed in paragraph No. 4 of order of 6th August, 2019 of the Session s court declining pre-arrest bail to petitioner, is based on the statement of co-accused- Rajiv Saxena who was made approver and later on, application for cancellation of his bail has been filed by the respondent while labeling him as an unreliable witness. It was submitted that properties worth more than ₹800 crores of petitioner s company have been already attached by the Income Tax Authorities under The Benami Transactions (Prohibition) Act, 1988 post denial of pre-arrest bail. Learned senior counsel for petitioner submitted that parameters governing grant of pre-arrest b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation but is evasive in his replies and so, custodial interrogation of petitioner is required for an effective investigation. It was asserted by learned ASG that petitioner is trying to influence and threaten the witnesses and tamper with the evidence and the statement of petitioner recorded under Section 50 of PMLA incriminates him and apart from it, there are other facets which require custodial interrogation of petitioner. Thus, dismissal of this application is sought. Learned senior counsel for petitioner controverts the stand taken on behalf of respondent and submitted that the offence in question is punishable upto term for seven years and in such cases, plea bargaining is permissible. It was submitted that denial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 265-A of Cr.P.C. contains a rider that plea bargaining is not available where the offence committed affects socio and economic conditions of the country. A bare perusal of petitioner s statement recorded under Section 50 of the PMLA reveals that he is evasive in his replies. However, gravity of the offence committed can be gauged from the contents of the aforesaid statement recorded under Section 50 of PMLA. In any case, it cannot be prima facie said that petitioner s statement recorded under Section 50 PMLA does not incriminate him. This Court is of the prima facie opinion that custodial interrogation of petitioner is required for an effective investigation. Mere attachment of petitioner s property in Income Tax proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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