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TMI Blog2021 (5) TMI 977X X X X Extracts X X X X X X X X Extracts X X X X ..... Directorate for offences under Sections 420/468/120B IPC. 2. On 12.09.2018, at about 6:15 PM information was received that one Charlie Peng, who is from China and who indulges in anti national activities is residing in the country on the basis of forged documents like Adhaar Card, PAN Card, Passport, etc., to show that he is an Indian resident, would come to Majnu Ka Tila at about 7 PM in a Fortuner Car bearing No. HR. 26 DR 8341 to meet some of his associates. A raiding team reached the spot. The Fortuner Car bearing No. HR. 26 DR 8341 was stopped. The driver of the car revealed that his real name is Luo Sang S/o Thung Ga R/o Cheng Guan Ju, Lasha, Tibbat, China. An FIR being FIR No. 110/2018 dated 13.09.2018 under Sections 420/467/471 IPC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g through entry operators; Party B, an Indian entity of Chinese Company controlled by its parent company in China and Party C was either the petitioner herein or Gu Peng, who are partners/associates of Charlie Peng in his money laundering activities. The modus operandi under these agreements was that whenever Party B required funds in India, Party A would provide that fund to Party B and against the said transaction in India, parent Chinese company/representatives of Party B would transfer equivalent amount in RMB (Chinese Currency) in the account of the petitioner or Gu Peng, having their bank account in China. It is alleged in the complaint that these agreements were executed in China and the total worth of the agreements seized is more t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Additional Session Judge-02, Patiala House Courts, New Delhi vide order dated 25.03.2021. Thereafter the petitioner has filed the instant bail application. 8. Mr. Vikas Pahwa, learned Senior Counsel, appearing for the petitioner contends that a perusal of the complaint would show that the allegation against the petitioner is that he incorporated a company which had to receive the proceeds of tainted money and his role is limited only to incorporation. He contends that the second allegation against the petitioner is that he has invited persons on his letter head for jobs to work in these companies where tainted moneys are being received and that agreements were entered into by the petitioner with persons in China. He would state that S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeds from that offence a proceed of crime. He strenuously contends that till a scheduled offence is not committed and it is not established that the petitioner was, in any way, connected with the proceeds of crime arising out of a scheduled offence the petitioner cannot be arrested under Section 19 of the PMLA for having committed an offence under Section 3 of the PMLA punishable under Section 4 of the PMLA. 9. Per contra, Mr. Amit Mahajan, learned Central Government Standing Counsel contends that PMLA is a special act and was incorporated because money-laundering posed a serious threat to the financial system of the country and also its integrity and sovereignty. He states that PMLA was brought in for a specific purpose. He contend th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he sum of Rs. 1,00,000/- with one surety of the like amount, to the satisfaction of Jail Superintendent/Duty Magistrate. b) The petitioner shall surrender his Passport (if not already surrendered). c) The petitioner shall not leave Delhi NCR without the prior permission of this Court. d) The petitioner shall report to the concerned Police Station once in five days. e) The petitioner is directed to give all his mobile numbers to the Investigating Officer and keep them operational at all times. f) The petitioner shall not, directly or indirectly, tamper with evidence or try to influence the witnesses. g) Violation of any of these conditions will result in the cancellation of the bail given to the petitioner. h) The petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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