TMI Blog2020 (12) TMI 1093X X X X Extracts X X X X X X X X Extracts X X X X ..... have to deploy before implicating anyone as an accused or an offender. Under the PMLA, the authorites under the Act are bound to carry out investigation by collecting evidence and for that purpose, they have been sufficiently empowered to summon persons or require them to produce evidence, records, statements and also carry out searches of properties and persons, and even properties can also be seized or attached. But, the fact that very senior officers are alone empowered to proceed in arresting an offender indicates that they would do so only on having sufficient grounds to arrest the person. If that be so, the fact is that the applicant has not yet been made an accused and that he is only required for the purpose of interrogation by the officers of ED and it will have to be concluded that the prayer for anticipatory bail made by the applicant is premature. Even though the applicant is intended to be made an accused on sufficient materials being collected against him, considering the gravity of the offences under the PMLA, the applicant definitely may not be entitled to the extraordinary relief of pre-arrest bail - this Court is not inclined to restrain the applicant from bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to contact the Consulate General in connection with the several activities of the State. Swapna was working in the office of the Consulate and in connection with his official duties, the applicant was required to meet her for the purpose of discussing matters concerning the activities of the State. They had become family friends and used to exchange pleasantries and had attended family functions of each other. The applicant was not aware of the involvement of Swapna in gold smuggling activities with the other accused. The applicant had several Whatsapp communications with Swapna and also his Chartered Accountant. But there is nothing suspicious about the said communications. Swapna had allegedly received some money as tips from the ruler of Sharjah. On her request, the applicant had introduced a Chartered Accountant, known for his integrity with whom he had personal acquaintance for the last 25 years, to Swapna to help her to sort out and resolve her financial dealings. The conversations between the applicant and the Chartered Accountant had taken place about 8 to 12 months prior to the alleged act of smuggling. The applicant is not aware of the details regarding the money tran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Customs Commissionerate (Preventive), Cochin against Sarith, the former PRO at the UAE Consulate, Swapna Suresh, the former Secretary to the Consulate General of UAE, Sundeep Nayar and several others. The National Investigation Agency ('NIA' for short), Kochi registered a case as RC02/2020/NIA/KOC under Sections 16, 17 and 18 of the Unlawful Activities (Preventive) Act, 1967 against the aforesaid persons. Based on the case registered by the NIA, the Enforcement Directorate ('ED', for short) also registered the aforesaid Crime and started investigation of the scheduled offences under the Prevention of Money Laundering Act 2002 ('PMLA', for short) against the aforesaid persons and some others. It is understood that huge sums of money were generated from the proceeds of crime and that they are possessing/concealing/using the said proceeds and the ED has been investigating and collecting evidences to initiate action under the provisions of the PMLA. The investigation so far has revealed that the persons arrayed as accused have committed offences of money laundering under Section 3 punishable under Section 4 of the PMLA. The NIA had conducted searches at the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wapna Suresh. The WhatsApp messages recovered by the investigators would however prove otherwise. The search by NIA resulted in seizure of ₹ 64 lakhs from the said locker. Thereafter ₹ 36.50 lakhs was seized from another locker in the name of Swapna Suresh In the Federal Bank, Thiruvananthapuram. The applicant had during his questioning admitted that Swapna Suresh was not financially well off and that he had tried his best to help her to find a good job. The WhatsApp chats that he had with Swapna Suresh during the day indicates that they were very close and that she used to discuss everything with him. Under the circumstances, it would be hard to believe that he was not aware of Swapna Suresh receiving commission/kickbacks on smuggling of gold through diplomatic channel. The entire money that Swapna Suresh had amassed were proceeds of crime as defined under Section 2(1)(u) of PMLA. The materials in possession of the ED unearthed so far are being produced in a sealed cover before the Court which would demonstrate that the present application needs no indulgence for grant of anticipatory bail. 4. Heard the learned senior counsel Shri P.Vijayabhanu appearing for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tory Bail is not violative of Article 21 of the Constitution of India (see Kartar Singh v. State of Punjab, MANU/SC/1597/1994 : (1994) 3 SCC 569). At the same time, a person may seek protective orders by invoking the writ jurisdiction of the concerned High Court. (see Hema Mishra v. State of Uttar Pradesh Ors., MANU/SC/0032/2014 : (2014) 4 SCC 453 Arguing that Economic offences are offences against the Nation and the society at large, the learned ASG relies on the decision of the Hon'ble Supreme Court in Y.S. Jagan Mohan Reddy v. CBI [2013 KHC 4402 :(2013) 7 SCC 439] wherein it is held thus: 15. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. 7. In Rohit Tandon v. Directorate of Enforcement [2017 KHC 6767 : (2018) 11 SCC 46] it is held thus : 18. The consistent view taken by this Court is that economic offences having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given by the applicant as also Swapna Suresh and Sri.Venugopal, the Chartered Accountant. There is clear indication that the applicant was very close to Swapna Suresh, the prime accused in this crime. He had discussed regarding the deposit of amounts belonging to Swapna Suresh with his Chartered Accountant. He had introduced her to the Chartered Accountant and had asked him to sort out her financial problems. It is alleged to be in consequence of the directions given by the applicant that Swapna Suresh and the Chartered Accountant (Venugopal) opened a locker in the State Bank of India, Thiruvananthapuram Branch. Both of them had rights to operate the locker. Even though the applicant has disassociated himself from the activities pertaining to the deposit of the amounts in the locker, there is some indication in the communications between the applicant and the Chartered Accountant regarding the applicant overseeing the management of the finances of Swapna Suresh. The Enforcement Directorate has not yet concluded whether the applicant is to be made an accused or a witness in the crime. However, there are strong indications pointed out by the ED to suggest that the applicant may be a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
