9911796707
TMI Blog2023 (3) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... Money Laundering Act, 2002 and punishable under Section 4 of the PMLA, 2002. [2]. Admittedly the petitioner has already been convicted in the predicate/scheduled offence arising out of FIR No.35 dated 05.03.2015 registered under Sections 21, 24, 25, 27, 28, 29 and 30 of the NDPS Act, Section 25 of the Arms Act and Section 66 of the IT Act, 2002, P.S. Sadar Jalalabad District Fazilka. The petitioner has been acquitted under the Arms Act and IT Act. [3]. As per allegations, 11 persons including the petitioner were involved in the said FIR. The petitioner was ultimately convicted and sentenced for the aforesaid offences i.e. under Sections 21, 23, 27-A, 29 and 30 of the NDPS Act vide judgment and order of sentence dated 31.10.2017. Against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner and sentenced him to undergo rigorous imprisonment for a period of 20 years with fine along with default mechanism. [7]. Learned counsel for the petitioner submits that in the instant case, no ECIR was recorded earlier, rather the investigation was conducted by the Police prior in point of time. Thereafter the ECIR has been filed straightway in the Court. Perusal of the complaint filed before the Court shows that statement of the accused-petitioner was recorded by the Investigating Officer and the same finds mention at para no.3.14 of the complaint. For ready reference, the same is reproduced hereasunder:- "3.14 Gurdev Singh S/o Shiv Singh in his voluntary statement recorded u/s 50 of PMLA, 2002 on 15.02.2021 stated that (RI-J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile number was 9814400050, and his sister Ms. Charanjit Kaur;s mobile number is +447984411802; b) he was known to Manjit Singh Bajwa, who was residing in England but since he was found to be involved in illegal migration of Indian people to England, he was deported to India; c) he met Manjit Singh in the year 2014 in connection with marriage of his son; d) Manjit Singh introduced him (Gurdev) to one Subhas Chander, a resident of Jalalabad, Fazilka; e) Subhash Chander introduced him him to Anil @ Neelu, cousin of Subhash Chander; f) Satnam Singh father of Manjit Singh was working as driver with him (Gurdev), so Manjit (his driver) was known to him; g) He was known to Gurdev Chand through Subhash Chander as they were relativ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to contact with Major Singh Bajwa (stayed in England) through Manjit Singh (UK); f) Manjit Singh (UK) and Major Singh Bajwa had worked together for illegal migration of People from India to England; g) In the year 2014, he started directly conversing with Major Singh Bajwa on mobile; h) 350 Grams of Heroin, a Webely & Scott make Revolver, 24 Gold Biscuits, 25 cartridges and a Pakistani SIM were recovered and seized from him in case of FIR registered at Jalalabad Police Station in 2015 under the provisions of NDPS; i) he was known to Shri Sukhpal Singh Khaira as his father Late Shri Sukhjinder Singh was a Politician and very well known to his (Gurdev) father and uncle; j) after death of Late Shri Sukhjinder Singh and his ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court of Judicature at Bombay against which the SLP has already been dismissed by the Hon'ble Apex Court. By referring to the para no.27 of the aforesaid judgment, learned counsel for the petitioner submits that the satisfaction is required to be recorded on the basis of complicity of the petitioner arising out of ECIR in question and the investigation of the authority is wholly tainted and based on no evidence. [11]. Having considered the statement of the accused at this stage, this Court is not in a position to record its prima facie satisfaction on the three ingredients in order to dilute the rigour of presumption arising out of Section 45 of the PMLA, 2002. In view of law laid down in Vijay Madanlal Chaudhary & Ors. vs. Union of In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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