TMI Blog2021 (11) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... The prayer for anticipatory bail of the petitioner is rejected - Application dismissed. - A.B. A. No. 4674 of 2020 - - - Dated:- 29-10-2021 - Hon ble Mr. Justice Anil Kumar Choudhary For the Petitioner : Mr. Alok Anand, Adv. For the E.D. : Mr. Amit Kumar Das, Adv., Mr. Madan Prasad, Adv. ORDER Heard the parties through Video Conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with ECIR Case No. 02 of 2020 arising out of ECIR No. RNSZO/02/2017 registered under Sections 3 read with Section 70 of Prevention of Money Laundering Act, 2002 and punishable under Section 4 of Prevention of Money Laundering Act, 2002. Mr. Alok Anand, lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary account of the petitioner was opened only for the purpose of laundering the proceeds of the crime which were received in the accounts of M/s SBPL and the same was used as untainted after withdrawing in cash. The evidence of handing over the proceeds of crime to the directors of the company including the petitioner could not be justified by the petitioner, therefore, transferring of the proceeds of the crime to the said account by the co-account Jayant Dayal Nandi and Anamika Nandi was deliberate strategy to mask the nature of transactions and using them after withdrawal in cash, therefore the petitioner is the recipient of crime to the tune of ₹ 20,73,749/-. It is then submitted that the allegations against the petitioner are a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the applicability of the provisions is expressly barred. Moreover, Sections 44 to 46 of the PMLA Act specifically incorporate the provisions of CrPC to the trials under the PMLA Act. Thus, not only that there is no provision in the PMLA Act excluding the applicability of CrPC, on the contrary, provisions of CrPC are incorporated by specific inclusion. Even Section 65 of the PMLA Act itself settles the controversy beyond any doubt in this behalf which reads as under: 65. Code of Criminal Procedure, 1973 to apply.- The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, insofar as they are not inconsistent with the provisions of this Act, to arrest, search and seizure, attachment, confiscation, investigatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) shall apply, in so far as they are not inconsistent with the provisions of this Act, to arrest, search and seizure, attachment, confiscation investigation, prosecution and all other proceedings under this Act. It has been categorically mentioned that provisions of the Code of Criminal procedure shall apply in so far they are not inconsistent with the provisions of Prevention of Money Laundering Act, 2002. Drawing attention of the court to Section 45 of Prevention of Money Laundering Act, 2002, which reads as under: 45. Offences to be cognizable and non-bailable.-(1) [Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence [under this Act] shall be released on bail or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail. [Explanation.-For the removal of doubts, it is clarified that the expression Offences to be cognizable and non-bailable shall mean and shall be deemed to have always meant that all offences under this Act shall be cognizable offences and non-bailable offences notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974), and accordingly the officers authorised under this Act are empowered to arrest an accused without warrant, subject to the fulfillment of conditions under section 19 and subject to the conditions enshrined under this section.] (Emphasis supplied) learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sages that where the Public Prosecutor opposes the application like this case, then, an accused shall be released on bail or on his own bond, only after the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty for the offence alleged and he is not likely to commit any offence while on bail but in this case as the petitioner along with the other co-accused, are accused of money laundering of a sum more than ₹ 1,00,00,000/-, hence, in the absence of any material to suggest that any reasonable ground for believing that the petitioner is not guilty of the offence and that he is not likely to commit any offence, while on bail, the petitioner ought not be given the privilege of anticipatory bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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