TMI Blog2022 (6) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... il - Application dismissed. - B.A. No. 16501 of 2021 - - - Dated:- 28-4-2022 - Subhash Chand, J. For the Petitioner : Mr. Anshuman Kumar, Advocate, Mr. Niranjan Kumar, Advocate. For the Opp. Party : Mr. Amit Kumar Das, A.P.P. ORDER The genesis of this complaint is based on F.I.R. bearing No.02/2016 dated 11.01.2016 registered on Tandwa P.S. Chatra District Chatra for the offence under Sections 414/120-B read with 420/384/386 387 of the Indian Penal Code and Section 25 (1-B) (a), 26 35 of Arms Act, 1959 and Section 17 (1) (2) of Criminal Law Act wherein Superintendent of Police, Chatra had received secret information from reliable sources that some people have formed a committee in Amarpali Magadh Coal Area, Tandwa connected with T.P.C. (Tritiya Prastuti Committee), an organization of terrorist gang declared unlawful association by the Govt. of Jharkhand and members of this Committee namely Shri Gopal Singh Bhokta @ Brajesh Ganghu, Shri Munesh Ganghu, Shree Kohram Jee, Shri Aakraman Jee @ Rabindra Ganjhu, Shri Anishchay Ganjhu, Shri Dipu Singh @ Bhikhan, Shri Bindeshwar Ganghu @ Bindu Ganghu and Shri Bhikhan Ganghu used to extort levy from the contractor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Penal Code, Section 25 26 of Arms Act, 1959 are specified in part A of the schedule to the PML Act,2002 read with Section 2 (1) (x) and (y) of the said Act as schedule offence and money recovered from levy was a tainted property projected by the accused persons as untainted property, the Directorate of Enforcement also commenced simultaneous investigation after registering the complaint case as Enforcement Case Information Report (ECIR) No. RNSZO/02/2016 dated 15.09.2016 and filed the aforesaid complaint case against the aforesaid accused persons for their prosecution. 3. The brief facts of the charge levelled, allegations made in the complaint under PMLA, 2002 are that Binod Kumar Ganjhu, Pradeep Ram and Bindeshwar Ganjhu were the members of the Tritiya Prastuti Committee working in Magadh Amarpali area which is unlawful association/Terrorist Gang. They used to extort levy from local contractors and hand over to the same to TPC members. For the said purpose a committee was formed in the name of the SHANTI SAH SANCHALAN SAMITI for each village namely Winglat, Honhe, Kumrang Khurd, Kumrangkala and Udsu having 7 members from each village wherein Bindeshwar Ganjhu @ Bindu Gan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disputedly the applicant was doing transportation business. More than 100 trucks of different truck owners were working in his company and all payments were made through proper banking channel. Allegations against the applicant are general an omnibus. There is no cogent evidence against the applicant to connect him being the member of T.P.C. The petitioner is in custody since 15.08.2018 in main scheduled offence NIA case bearing case No. RC-06/2018/NIA/DLI and remanded in the present PMLA Case on 24.03.2021. It is also further contended that only evidence against the applicant is the statement of one Subhan Mian and rest of the witnesses were the officials and their statement was recorded under Section 50 of PMLA Act as had conducted the investigation in NIA case and police case as well which were earlier registered against the applicant. It is also further submitted that twin conditions of Section 45 of PMLA Act have been declared unconstitutional by the Hon ble Apex Court in case of Nikesh Tarachand Shah Vs. Union of India Anr. (Nikesh Shah) as such same would not apply while considering bail application of the applicant. In support of his contentions, the learned Counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of PML Act as unconstitutional by the Hon ble Apex Court in Nikesh Tarachand Shah (supra), the said defects have been cured by the Parliament by way of Amendment No.13/2018 as such the provisions of Section 45 (1) revived and same would be applicable while considering the bail application of the applicant. 7. For disposal of this bail application, the following provisions of the Act, 2002 are being reproduced as under:- Section 2(p) of the Act, 2002 provides:- (p) money-laundering has the meaning assigned to it in Section 3. Sections 2(y) of the Act, 2002 provides:- (y) scheduled offence means (i) the offences specified under Part A of the Schedule; or [(ii) the offences specified under Part B of the Schedule if the total value involved in such offences is [one crore rupees] or more; or (iii) the offences specified under Part C of the Schedule;] Sections 3 and 4 of the Act, 2002 provides as under:- 3.Offence of money-laundering Whosoever directly or indirectly attempts to indulged or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the [proceeds of crime including ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fects in provisions of the said Act was cured by Parliament by way of Amendment Act 13 of 2018 and consequently, the twin conditions of Section 45 while disposing of the bail application under the Act, 2002 stood revived. 11. The Hon ble Apex Court in the case of Cheviti Venkanna Yadav vs. State of Telangana reported in 2017 (1) SCC 283 has held as under:- 27. In State of Himachal Pradesh v. Narain Singh while dealing with the validation of statute the court ruled that:- It is therefore clear where there is a competent legislative provision which retrospectively removes the substratum of foundation of a judgment, the said exercise is a valid legislative exercise provided it does not transgress any other constitutional limitation. 12. The twin conditions under Section 45 (1) for the offences classified thereunder in Part-A of the Schedule was held arbitrary and discriminatory and invalid in Nikesh Tarachand Shah (supra). Subsequently, the Section 45 of the Act, 2002 has been amended by Amendment Act 13 of 2008, whereby the words imprisonment for a terms of imprisonment of more than three years under Part A of the schedule has been substituted with accus ..... 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