TMI Blog2023 (10) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... the involvement of the petitioner is glaring. Having considered the tentative time limit set by the Hon ble Division Bench to the Investigating Agency to conclude the investigation and further materials having surfaced for which the Investigating Agency at this stage sought for time to examine two more witnesses apart from the witnesses who have already been examined particularly with regard to the amount which has transpired relating to the donations in the account of the school, having regard to the ramifications involved in the Teachers Recruitment Scam, the Investigating Agency at this stage must be granted an opportunity to exhaust their powers relating to investigation. Accordingly, at this stage, the petitioner cannot be released on bail. Bail application dismissed. - The Hon ble Justice Tirthankar Ghosh For the Petitioner : Mr. Jishnu Saha, Sr. Adv. Mr. Kumarpal R. Chopra, Adv., Mr. Pawan Kumar Gupta, Adv., Ms. Sofia Nesar, Adv., Mr. Santanu Seth, Adv., For the Enforcement Directorate : Mr. Phiroze Edulji, Adv., Ms. Anamika Pandey, Adv., ORDER Tirthankar Ghosh, J. The present application for bail has been preferred by the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en provided to these colleges/institutions by M/s Acuere Consultancy Services against the amounts so received from them. Further the amount so received from the said institutions has not been returned so far. Investigation also revealed that Shri Manik Bhattacharya being the president of West Bengal Board of Primary Education has abused and misused his high official position and in pursuance thereof he compelled D.EI.Ed Colleges to give him an amount of Rs. 500/- per D.El.Ed student during the covid-19 pandemic. Investigation revealed that an amount of total Rs. 2.47 Crores at the rate of Rs. 500/- per student from the colleges have been extorted by Shri Manik Bhattacharya. In order to launder the said extorted money, Shri Souvik Bhattacharya in connivance with Shri Manik Bhattacharya formed a proprietary concern namely M/s Educlasses Online and brought the said extorted money of Rs. 2.47 Crores in the bank accounts of this firm in order to show them as business transaction towards providing online classes. However, investigation conducted under PMLA revealed that no such classes, except some classes arranged as an eyewash, have been arranged for the students of D.El.Ed colle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etary concern of Shri Souvik Bhattacharya (A-10) which was formed solely for the purpose to launder the proceeds of crime generated/derived out of the criminal activity relating to the scheduled offences under FMLA. Shri Manik Bhattacharya (A-9) being the president of West Bengal Board of Primary Education has abused and mused his high official position and in pursuance thereof he compelled the self-financed D.El.Ed Colleges to give him an amount of Rs. 50,000/- per institute during the period from Oct 2018 to April 2019 in the name of services rendered to them investigation conducted under PMLA, 2002 revealed that an amount of Rs. 2,64,53,988/- was extorted from 530 self-financed D.El.Ed Colleges in the name of services rendered to them. In order to launder the said extorted money, Shri Manik Bhattacharya (A-9) in connivance with his son Shri Souvlk Bhattacharya (A-10) formed this proprietary concern: (A-12) and arranged to be made an agreement dated 02.10.2018 between M/s Acuere Consultancy Services and Bengal Teachers Training Colleges Association being the association of self-financed D.El.Ed colleges of West Bengal, in the name of consultancy to be provided to the said 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the said extorted money in the bank accounts of this firm by routing into the bank accounts of All Bengal Teacher's Training Achievers Association, which is the association of Teacher Training Collages of West Bengal, in view of the namesake agreement made between this accused firm and All Bengal Teachers Training Achievers Association. This business entity was solely used in the acquisition, use, possession, and concealment of proceeds of crime with the assistance of other accused persons and entries. Thus, it has committed the offence of Money Laundering as defined under section 3 read with section 70 of PMLA, 2002 and is, therefore, liable to be punished under section 4 of PMLA, 2002. On 7.1.2023 the petitioner appeared in respect of the summons issued by the ld. Special Court and prayed for bail. The E.D. prayed time to file their objection. The same was filed in due course when the learned Court was pleased to keep the objection on record and fixed next date on 7th of February, 2023. On 7th of February, 2023, an adjournment was sought for on behalf of the petitioner. The learned Court was pleased to fix the next date on 22nd February, 2023 for hearing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sudip Ganguly, Rajib Kundu and Ruhul Amin to emphasise on the issues relating to the complicity of the present petitioner, relating to transfer of funds, the manner in which, according to the prosecution, the amounts were transmitted, the movement of the funds through the accounts of relations reached the petitioner as the final beneficiary, differentiates him from the other accused who was granted bail. Learned Advocate has also relied upon the statement of the present petitioner under 50 of the PMLA Act to substantiate his argument. Ld. Advocate has also relied upon the following judgments: Y S Jagan Mohan Reddy vs. CBI, (2013) 7 SCC 439; Rohit Tandon vs. Directorate of Enforcement, (2018) 11 SCC 46; Anil Kumar Yadav vs. State (NCT of Delhi), (2018) 12 SC 129; Gautam Kundu vs. Directorate of Enforcement (Prevention of Money- Laundering Act), (2015)16 SCC 1; Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra, (2005) 5 SCC 294; Subires Bhattacharyya, in re, 2022 SCC online Cal 4307; Anubrata Mondal vs. CBI, 2023 SCC OnLine Cal 23 and Vijay Madanlal Choudhry vs. Union of India, 2022 SCC OnLine SC 929; Pankaj Jain vs. Union of India, AIR 2018 SC 1155; Satender Kumar Anti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... done by them due to paucity of time. Another factor which has been brought to the notice of the Court is that the Division Bench in MAT 196 of 2023 in its order dated 5th October, 2023 at paragraph 24 was pleased to observe as follows: We would except the entire investigation to be concluded by 31st December, 2023. The appellant shall cooperate with the E.D. in all respect. However, the E.D. shall not call the applicant between 19th October, 2023 and 26th October, 2023. .......... Having considered the tentative time limit set by the Hon ble Division Bench to the Investigating Agency to conclude the investigation and further materials having surfaced for which the Investigating Agency at this stage sought for time to examine two more witnesses apart from the witnesses who have already been examined particularly with regard to the amount which has transpired relating to the donations in the account of the school, I am of the view that having regard to the ramifications involved in the Teachers Recruitment Scam, the Investigating Agency at this stage must be granted an opportunity to exhaust their powers relating to investigation. Accordingly, at this stage, I am not incl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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