9911796707
TMI Blog2022 (4) TMI 1532X X X X Extracts X X X X X X X X Extracts X X X X ..... ole Lal (A-5), Anil Kumar (A-6), Vikas Kumar (A-7), Harjinder Singh (A-8), Charan Singh (A-9), Ravinder Singh (A-10), Navneet Singh (A-11), Balwant Singh (A-12), Barinder Singh (A-13), Jagdish Arora (A-14), Arpan Kumar (A-15), Jasdeep Singh Goraya (A-16), M/s Fibremarx Papers Pvt. Ltd. (A-17), Ramesh Kumar (A-18), Om Prakash (A-19), Vikramjeet Singh (A-20), Mandeep Singh (A-21), M/s Tera Tera Seeds (A-22), Jishan @ Jishan Ahmed (A-23), Sudhir Chawala (A-24) for trial under section 3 and 4 of the PMLA. 5. National Highway Authority of India (NHAI) for widening the NH 74 started a process of acquisition of land from land owners/farmers. An FIR no. 32 of 2017 dated 10.03.2017 was registered at Police Station Pantnagar under section 120B, 167, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 32 of 2017 were scheduled offences covered under part A of paragraph 1 under the schedule to the PMLA, an Enforcement Case Information Report (hereinafter referred as ECIR) bearing no. ECIR/DNSZO/01/2018 dated 05.06.2018 was recorded. 6. After the first phase of investigation in FIR no. 32 of 2017 charge-sheet no. 2 of 2018 dated 31.01.2018 was filed against 12 accused including A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-9, A-15, A19, and A-23 under section 167, 218, 219, 409, 420, 455, 456, 467, 468, 471, 474, 120B and 34 of IPC and section 13(1)(d), 8 and 9 of PC Act. It was also mentioned in the charge-sheet that this illegal activity of the accused persons has resulted in lose of 215.11 Crore Rs. to the government. After completion of secon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clared as non agriculture on the basis of forged/ back dated order of section 143 of UP.Z.A. and L.R. Act and due to this compensation amount to the tune of 23 crore Rs. approximately was paid to Ajmer Singh and his brothers. After completion of the investigation with respect to this FIR a chargesheet no. 218 of 2018 dated 10.06.2018 was filed against Smt. Priyan Sharma and Sudhir Chawla (A-24) under section 420, 467, 468, 471 of IPC and section 8 and 9 of PC Act. After the sixth phase of investigation SIT submitted another charge-sheet no. 02E of 2019 dated 24.12.2019 against 8 accused persons including A-18 under section 420, 465, 467, 468, 471, 474, 120B, 34 of I.P.C. and section 8 and 9 of the PC Act with regard to acquisition of land o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 8. The averments in this complaint are clear that different offences were committed by different persons and these different offences generated different POC, however this complaint is filed after clubbing all these Proceeds of Crime (POC) in one investigation, whereas every money laundering of each and every Proceed of Crime (POC) is a distinct offence under section 3 of the PMLA punishable under section 4 of the PMLA. 9. In the present case all accused persons have not committed the offence of Money Laundering in the course of the same transaction because different POCs were generated in different crimes and all accused persons are not involved in the Money Laundering of each and every POCs. 10. If the cognizance is taken on this com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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