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TMI Blog2024 (2) TMI 1088X X X X Extracts X X X X X X X X Extracts X X X X ..... 298/2021 were registered by Rajasthan Police. First FIR bearing No.402/2021 was registered on 27.09.2021 under Sections 420 & 120-B of IPC and under Sections 4 & 6 of Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and second FIR bearing No.298/2021 was registered on 28.09.2021 at Police Station Balghat, District Karauli, Rajasthan under Sections 302, 365 and 120-B of IPC and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He further submits that as per FIR No.402/2021, the main allegation is against Udaram Bishnoi, who purchased the papers of Rajasthan Eligibility Examination for Teachers, 2021 (hereinafter to be referred as 'REET, 2021') for Rs. 1.20 Crores and distributed it further. The rajasthan Police filed three charge sheets 222, 222A and 222B. He also submits that the Enforcement Department can initiate the proceeding only for the offences prescribed in Part-A and Part-B of the Schedule. He also submits that the offences pertaining to Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 does not fell in the 'scheduled offence' specified under Part-A and Part-B of the Schedule. He further submits that the offen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere also not recorded, therefore, the alleged recovery from them also does not fall within the ambit of proceeds of crime. 3. He also argues that as per the proviso appended under Section 45(1) of the PMLA, the accused is entitled to be released on bail as the amount recovered alleged to be proceeds of crime, is less than one crore rupees. 4. Learned counsel for the petitioner places reliance on following judgments: (i) Pavana Dibbur Vs. Directorate of Enforcement reported in 2023SCC OnLine SC 1748. (ii) M. Sivasankar Vs. Vinion of India reported in 2021 SCC OnLine Ker 395 (iii) Pasumarthi Venkata Satyanarayana Sarma Vs. Assistant Director, Enforcement Directorate reported in 2021 SCC OnLine Guj 2401 (iv) Mohammed Ibrahim & Ors. Vs. State of Bihar & Ars. reported in 2009 (8) SCC 751 (v) Mariam Fasihuddin and Another Vs. State by Adugodi Police Station and Another. Reported in 2024 SCC OnLine SC 58 5. On the other hand, learned ASG vehemently opposes the bail application and submits that two FIR bearing Nos.402/2021 and 298/2021 were registered by Rajasthan Police relating to REET, 2021 paper leak case. In both the FIRs and complaints, it is alleged that REET, 2021 ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er on the same amount was recovered from eight persons, therefore, the money which was recovered from the hands of eight people had reportedly been paid to them by the accused petitioner as proceeds of crime. The investigation is still pending under Section 173 of Cr.P.C. as against the other co-accused. Thus, looking to the gravity of the offence, the bail application of the present petitioner may be dismissed. 7. It is settled law that to establish offence under the PMLA the Enforcement Directorate must demonstrate that procurement of the property as the "proceeds of crime" are derived from criminal activity from the predicate offences prescribed under Part-A and Part-B of the scheduled offence. It is also an established preposition that though the offence of money laundering is separate standalone offence, the proceeds of crime ought to have preceded the commission of predicate offences and thereafter laundered over. Section 45 of the PMLA, which deals with the conditions for bail pending trial provides that the Court may grant bail to an accused if Court is satisfied that (i) There are reasonable grounds for believing that the accused is not guilty of such offence and (ii) Tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, the predicate offence under Sections 420 and 120-B of I.P.C. is made out or not and whether the amount recovered from various persons is their legitimate amount or not, are the questions to be ascertained by the trial court, this Court cannot proceed into the intricacies of the case with regard to above issues, at the stage of bail. This Court has only to see whether there is prima facie evidence available against the accused-petitioner that he has committed the offence under Section 3 of Money Laundering Act. 16. The aforesaid facts are enough to infer that accused-petitioner was involved in stealing the paper of REET, 2021 and thereafter, selling it to the Udaram Bishnoi and Rajuram Iram. 17. At this stage, this cannot be said that accused-petitioner is not guilty of such offence. Similarly, whether the amount recovered from aforesaid eight persons is their legitimate amount or not, are the questions to ascertain by the trial court. Merely filing of the application by Sanjay Mama and Varun Tiwari for claiming the amount cannot be a ground to disbelieve the recovery of Rs. 1.06 Crores. 18. As far as applicability of proviso appended to Section 45 (1) of the PMLA is concer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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