9911796707
TMI Blog2023 (5) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... st of dates for better appreciation: 15.02.2006- The work agreement entered between M/s Classic Coal Construction Ltd. and RCD Engineers Ltd for widening and strengthening of Chakradharpur Kharsawan Road. 15.07.2008 - The construction in pursuance of the work order completed. 23.08.2008 - Final bill of Rs. 59,70,615/- paid for the executed work. 2010 - The petitioner becomes one of the Directors of M/s Classic Coal Construction Ltd after he became major in 2009. 16.02.2010 - FIR for the predicate offence bearing RC Case No. 03(A)/2010 registered by the CBI, ACB, Ranchi for the offence under Sections 120B read with Section 420, 468, 471 of IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the income after payment of tax was Rs. 1,05,21,900/-. This paper was filed by the Enforcement Directorate but no finding regarding it has come in the prosecution complaint. No investigation has been done about it in terms of Section 2(n)(a) of PMLA. The petitioner will not be liable in terms of Section 17 of PMLA. 5. Learned counsel for the Enforcement Directorate has opposed the petition and submitted that the crime proceeds involve total sum of Rs. 8,96,85,595/- out of which the worth property of Rs. 2.08 Crore has been attached which includes the plot of land in the name of the petitioner. 6. It is also submitted that the offence of money laundering under the PMLA is a standalone offence and it is not necessary for a person accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A should also be charged of the Scheduled offence. It is sufficient that proceed of crime so generated by the commission of scheduled offence, is laundered by the accused for being charged under PMLA. Money laundering is an independent offence has been held in Vijay Madan Lal Choudhary Vs Union of India 2022 SCC OnLine SC 929 : 269. From the bare language of Section 3 of the 2002 Act, it is amply clear that the offence of money-laundering is an independent offence regarding the process or activity connected with the proceeds of crime which had been derived or obtained as a result of criminal activity relating to or in relation to a scheduled offence. The process or activity can be in any form - be it one of concealment, possession, acq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, there are three stages of attachment. They are (i) provisional order under section 5(1); (ii) confirmation of the provisional order under section 8(3); and finality to the order of attachment under clause (b) of sub-section (3) of Section 8 in confiscation of the property by the order of the special Court. 11. As per section 3 of the Act it is the process or activity connected with the proceeds of crime and projection of it as untainted property, his money-laundering. By the amendment made with effect from first of August 2019 it has been clarified as follows: A person shall be guilty of offence of money-laundering if such person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Enforcement (Prevention of Money-Laundering Act), (2015) 16 SCC 1: "In Union of India v. Hassan Ali Khan [Union of India v. Hassan Ali Khan, (2011) 10 SCC 235 : (2012) 1 SCC (Cri) 256], this Court has laid down that what will be the burden of proof when attempt is made to project the proceeds of crime as untainted money. It is held in the said paragraph that allegations may not ultimately be established, but having been made, the burden of proof that the monies were not the proceeds of crime and were not, therefore, tainted shifted on the accused persons under Section 24 of the PML Act, 2002". The presumption under Section 24 of PML Act can be rebutted only at the stage of trial and not at the stage of framing of charge. Nexus if any, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
