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TMI Blog2023 (3) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... UTION CASE 2. The prosecution story reminds one of a crime thriller, where the State withers and the crime cartels with political connection, clash for natural resources of the State. At the center of this human rapacity is Rajmahal Hills which runs through the Districts of Sahibganj, Pakur and extending up to Dumka, and is famed for the black stone chips used as construction material. 3. Enforcement Case Information Report (ECIR) No. 03/2022 was recorded on 08.03.2022 on the basis of the FIR bearing No. 85/2020 dated 22.06.2020, lodged by Barharwa Police Station, Sahibganj District, Jharkhand under Sections 147/149/341/342/323/379/120B/504/506 of IPC, 1860, against Tapan Singh and 10 other named and other unknown persons. 4. Complaint of one Sambhu Nandan Kumar is the basis of the instant FIR and as per the prosecution case, he was threatened and obstructed on 22.06.2020 by the persons accused in the FIR, to participate in tender for Barharwa Toll. It is alleged that he was asked by Pankaj Mishra over phone, not to participate in the tender, on refusal of which, he was attacked by mob, at his behest. At the root of the attempt to oust the informant from participating in the ten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res of Rupees with his associates, involved in illegal mining and transportation of stone chips. Prem Prakash (Accused No. 3) acquired proceeds of crime and had laundered the funds of his associates and had also used them for personal gains. Accused No. 3 was in receipt of huge cash as well as funds through banking channels which have been generated and acquired out of mining activities. Further, the accused person had also been exerting his political proximity and his clouts for illegal activities and extraneous purposes and has been influencing the administration too. ARGUMENT ON BEHALF OF THE PETITIONER 7. It is submitted by the learned counsel on behalf of petitioner that in view of the ratio laid down by the Hon'ble Supreme Court in Vijay Madan Lal Choudhary Versus Union of India Others; 2022 SCC OnLine 929 (para 281), the offence of Prevention of Money Laundering Act is not a standalone offence and it is incumbent on the part of the prosecution to establish the link between the predicate offence and proceeds of crime generated by the said offence. Mere possession of a huge amount in the account of a person, cannot be sufficient to cast the burden of proof on the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the funds to Amit Agarwal and that Prem Prakash was very close to Hemant Soren and Amit Agarwal", it is submitted that he was expelled from the JMM Party in the year 2020 and when he was not even member of the political party, he being privy to the discussions as stated in para 10.28 of the prosecution complaint, is without any basis. Further Smt. Puja Singhal was given charge of Mining Secretary on 3rd August, 2021. 11. There is no First Information Report or Charge Sheet against the petitioner implicating him in illegal mining and he had no concern with Pankaj Mishra. Nothing has been brought on record to show that any prosecution under the provisions of the MMDR Act or Rules made there under has been initiated against the petitioner. 12. Illegal mining is not a scheduled offence and therefore, reference to all those cases in the complaint is of no avail. In this regard, it is submitted that the predicate offence of the instant ECIR, as pointed out in the prosecution report, is a case registered in the year 2020 against Pankaj Mishra, but no charge sheet has been filed against the said Pankaj Mishra in the predicate offence. 13. It is argued that the petitioner had no busin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... damages caused by the illegal stone mines and stone crushing units. Since the Committee consists of Competent Authorities both statutory and otherwise, we direct them to assess the damages on the following parameters:- i. The quantum of minerals extracted and crushed. ii. Damage on account of Net Present Value (NPV) against the ecological loss forgone forever. iii. The ecological damage caused on account of the operation of the illegal unit. iv. Cost against restoration of the environment". The Committee submitted its report on 23.09.2020 in which inter alia a finding was given that mining companies or other entities are indulging in indiscriminate mining and operating stone crushers without due regard to the environmental norms. 16. The genesis of FIR No. 85 of 2020 dated 22.06.2020 lodged with Barharwa Police Station, Sahibganj District, Jharkhand against 11 named and other unknown persons under Sections 147, 149, 341, 342, 323, 379, 504, 506 read with Section 120B of the Indian Penal Code was to stop Sambhu Nandan Kumar (complainant) to participate in the tender for Barharwa Toll, to have control and dominance over the area and thereby enable them to monitor the num ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od 26.08.2020 to 08.01.2021. Amit Agarwal, Pankaj Mishra and the present petitioner were all hand in glove in laundering the proceeds of crime. It is argued that offence of criminal conspiracy and that under Section 414 of the IPC is a scheduled offence. 18. In reply, it is submitted by learned counsel on behalf petitioner that any offence related to mining, is not a predicate offence. In the present case and in any case, illegal mining is not a scheduled offence for which PMLA can be invoked. Reliance has been placed on Writ Petition No. 5962 of 2016; Obulapuram Mining Company Pvt. Ltd. Versus Joint Director, Directorate of Enforcement & Others in which High Court of Karnataka has quashed the ECIR and the order passed by the adjudicating authority on the ground that mining was not a schedule offence. It is submitted by learned ASGI that Hon'ble Supreme Court has noted that order will not act as a precedent. 19. After having considered the rival submissions advanced on behalf of both the sides, this Court is of the view that the argument advanced on behalf of the E.D. is persuasive enough to reject the petition for bail. Contrary to the submission by the learned Counsel on b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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