TMI Blog2023 (3) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... stages: (a) Placement: which is to move the funds from direct association of the crime. (b) Layering: which is disguising the trail to foil pursuit. (c) Integration: which is making the money available to the criminal from what seem to be legitimate sources. A normal business transaction between the different entities involved in the criminal conspiracy cannot be expected in such cases and therefore, the provision for reverse burden has also been made under Sections 23 and 24 of the PMLA. In the present case, the role of this petitioner has come-up in the statement of Ravi Kejriwal and Anil Jha - Huge cash transactions have been shown in the account of the company in the name of this petitioner, regarding which no plausible explanation has been offered. The investigation revealed that the cash receipts amounting to Rs. 5,65,17,000/-in Punjab National Bank Account No. 21881132000179 of M/s Herbal Green Solutions Pvt. Ltd, and subsequent payments worth Rs. 5,31,18,000/-to one company M/s Aurora Studio Pvt. Ltd., a company of Amit Agarwal, required to be satisfactorily answered by the petitioner, but he failed to do so. Quite interestingly, even two AK 47 rifles were seized from hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for Barharwa Toll was attempt to control this toll which held the key to gain control over the 6 tolls which came under this Nagar Panchayat. These 6 tolls under Barharwa Nagar Panchayat Toll fell in route connecting the mining sites and the main roads from where the mined items were transported to destined places. The investigation disclosed that the vehicles carrying the mined items (Mainly stone chips) had to cross Barharwa Toll before reaching main roads. A huge volume of mining was being carried out illegally in Sahibganj District and adjoining areas. 5. Investigation also revealed that the accused Pankaj Mishra was also involved in illegal collection of levies from the trucks carrying stone chips through his accomplices, including accused Bachhu Yadav. During investigation, it came to light that Pankaj Mishra had been using his influence and dominance to control mining businesses as well as inland ferry services in Sahibganj and its adjoining areas. He had control over the mining of stone chips and boulders as well as installation and operations of several crushers, set up across various mining sites in Sahibganj. He himself had been allotted Mining lease in Sahibganj in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner/accused to establish the innocence with respect to the offence under PMLA. It is further submitted that after amendment brought in the definition of proceeds of crime as stated in Section 24 of PMLA, the burden of proof can be cast on the accused only after the charge is framed and the accused put on trial. Earlier the burden of proof under Section 24 of the PMLA Act read as under: When a person is accused of having committed the offence under Section 3, the burden of proving that proceeds of crime are untainted property shall be on the accused . After 2013 amendment, Section 24 reads as under : In the facts of a person charged with the offence of money laundering under Section 3, the Authority or Court shall, unless the contrary is proved, presume that such proceeds of crime are involved in money laundering. In view of the amended provision, the provision of burden of proof on accused cannot be invoked under the Act during pre-charge stage and only when the learned Court finds that there are prima facie materials on the basis of which charge is framed then Section 23 or 24 can be invoked. 8. The five F.I.Rs. on the basis of which ECIR has been regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner had no business connection or had in any manner dealt with Pankaj Mishra (accused No. 1 in the prosecution complaint), far less having had any business transaction or being involved in illegal mining and transportation activities related to illegal mining and further laundering the proceeds of crime. 14. The Investigating Agency has without any material on record and extremely arbitrarily linked M/s Herbal Green Solutions Ltd. and the petitioner with CTS Industries Limited (and its Director, Sanjay Choudhary) only to obliquely establish a connection with the allegation of illegal mining and the transportation of the illegally mined minerals and the alleged proceeds of crime generated therefrom and its laundering. It is argued that the findings of the Enforcement Directorate in its investigation that the business transactions of the petitioner through his company namely M/s Herbal Green Solutions Pvt. Ltd. was processing proceeds of crime/tainted money is absolutely perverse, as there is no transaction to substantiate the charge. Further, the Investigating Agency has failed to draw any nexus between the accused named in the predicate offence and the petitioner. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minance over the area and thereby enable them to monitor the number of vehicles and quantity of the mining proceeds being carried out in those vehicles. The proceeds of crime generated in the illegal mining, rampant large scale theft under criminal conspiracy was projected and integrated by various means in which complicity of this petitioner has come to light. The statement of one Ravi Kumar Kejriwal, who was earlier Treasurer of JMM, was recorded on 21.07.2022 under Section 50 of PMLA and in his statement he stated that while working as Treasurer, JMM one day he was present in the office of the Chief Minister, when C.M. directed Pankaj Mishra (accused No. 1) to directly hand over the funds coming from Santhal Parganas stone mining to this petitioner. It was also observed that the petitioner would hand over funds to Amit Agarwal and that he was very close to C.M., Hemant Soren and Amit Agarwal. Puja Singhal was given additional charge of Mining Secretary, Jharkhand due to her proximity with Amit Agarwal. Further, in statement of Anil Jha, one of the employees of petitioner was recorded under Section 50 of PMLA on 24.05.2022 wherein he stated that he used to receive cash ranging to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition for bail. Contrary to the submission by the learned Counsel on behalf of the petitioner, the offence of money laundering is an independent offence and it is not necessary that the accused charged with the offence of money laundering are the same who are made accused in predicate offence as per the ratio decided in Vijay Madan Lal Choudhary (supra) (Para 269 and 270). The law enforcement agencies are now confronted with a new species of crime in the form of money laundering, which necessitated the special Act. The law is evolving with different amendments and judicial pronouncements. These are not like conventional crime and the modus operandi involves three stages: (a) Placement: which is to move the funds from direct association of the crime. (b) Layering: which is disguising the trail to foil pursuit. (c) Integration: which is making the money available to the criminal from what seem to be legitimate sources. 20. A normal business transaction between the different entities involved in the criminal conspiracy cannot be expected in such cases and therefore, the provision for reverse burden has also been made under Sections 23 and 24 of the PMLA. In the present case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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