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TMI Blog2024 (5) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on the FIR no. 85/2020 dt. 22.06.2020 of one Sambhu Nandan Kumar at Barharwa Police Station, Distt-Sahebganj, Jharkhand against accused Pankaj Mishra and others. It is alleged that the accused persons threatened the above complainant over the phone not to participate in the tender of Barharwa Toll, and on the refusal of which the complainant was attacked by a mob, on the behest of the accused persons. Subsequently, the charge sheet no. 231/2020 dated 30.11.2020 was filed in the court at Rajmahal, Distt Sahebganj. Further, the agency took several other FIRs related to the matter along with the above case to investigate the instant case. It was revealed during the investigation that the vehicles carrying the mined items (Mainly stone chips) had to cross Barharwa Toll before reaching the main roads. It was also revealed that apart from mining under valid licenses, a vast quantity of mining is being carried out illegally in Sahibganj District and adjoining areas. It also revealed that the accused person, Pankaj Mishra, is involved in the illegal collection of levies from the trucks carrying stone chips through his accomplices and also has control over the mining of stone chips and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he tender was Rs.8.5 crores. It is further alleged that the operations of the said Samiti is directly controlled by co-accused Pankaj Mishra and Dahu Yadav as well as the present petitioner. In the instant case, these accused persons have knowingly acquired and possessed the proceeds of crime in such a manner as if it was untainted money; they also trying to project the said ill-gotten money/proceeds of crime as untainted. Further, it has been alleged that the accused petitioner has not only received the huge amount in illegal way earned through illegal mining, trade and transportation of stone chips etc. but also came in possession of such "proceeds of crime" and now claiming the same as untainted. The present petitioner had been arrested and accordingly the petitioner had preferred the Misc. Cri. Application No.2813 of 2023 for grant of his bail but the same was dismissed vide order dated 07.10.2023 by the learned Spl. Judge, PML Act, Ranchi. Hence the present petition has been preferred for the grant of bail. Argument on behalf of the learned counsel for the petitioner : 3. Mr. S. Nagamuthu, learned senior counsel for the petitioner has argued inter alia on the following g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also taken the ground of parity since one of the co-accused persons, namely, Pashupati Yadav has been directed to be released on bail by the order passed by the co-ordinate Bench of this Court. 4. Learned counsel for the petitioner based upon the aforesaid ground has submitted that the learned court while considering the prayer for bail ought to have taken into consideration all these aspects of the matter both legal and factual but having not done so, serious error has been committed. 5. Further submission has been made in the aforesaid view of the matter as per the ground agitated, it is a fit case where the petitioner is to be given the privilege of bail. Argument on behalf of the learned counsel for the respondent-ED: 6. While on the other hand, Mr. Anil Kumar, learned Additional Solicitor General of India for the opposite party-Enforcement Directorate has vehemently opposed the prayer for grant of regular bail by taking the following grounds: (i) It is incorrect on the part of the petitioner to take the ground that the case is of illegal mining only rather if the entire complaint will be taken into consideration, then various FIRs have also been made subject matter of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he conclusion while granting the benefit of parity by assessing the involvement of the present petitioner with the involvement of accused persons whose prayer for bail has been denied and the accused person whose prayer for bail has been allowed. (ix) The contention has been made that Pankaj Mishra is the person who is in the helms of the affairs of illegal mining and the present petitioner is his close associate. Further, the complicity has also been shown against the Prem Prakash whose bail application has already been rejected. 7. Learned ASGI for the opposite party-ED, based upon the aforesaid grounds, has submitted that since the nature of allegation committed by the present petitioner is identical to that of Pankaj Mishra to the extent that he has been found to be a close associate while against Pashupati Yadav no such allegation is there, as such, the instant bail application is fit to be rejected. Analysis 8. This Court, before appreciating the argument advanced on behalf of the parties, deems it fit and proper to discuss herein some of the provision of law as contained under the Act, 2002 with its object and intent. 9. The Act was enacted to address the urgent need t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laundering of proceeds of drug crimes and other connected activities and confiscation of proceeds derived from such offence. (b) the Basle Statement of Principles, enunciated in 1989, outlined basic policies and procedures that banks should follow in order to assist the law enforcement agencies in tackling the problem of money-laundering. (c) the Financial Action Task Force established at the summit of seven major industrial nations, held in Paris from 14th to 16th July, 1989, to examine the problem of money-laundering has made forty recommendations, which provide the foundation material forcomprehensive legislation to combat the problem of money-laundering. The recommendations were classified under various heads. Some of the important heads are- (i) declaration of laundering of monies carried through serious crimes a criminal offence; (ii) to work out modalities of disclosure by financial institutions regarding reportable transactions; (iii) confiscation of the proceeds of crime; (iv) declaring money-laundering to be an extraditable offence; and (v) promoting international co-operation in investigation of money-laundering. (d) the Political Declaration and Global P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... derived or obtained as a result of any criminal activity relatable to the scheduled offence. The aforesaid explanation has been inserted in the statute book by way of Act 23 of 2019. 14. It is, thus, evident that the reason for giving explanation under Section 2(1)(u) is by way of clarification to the effect that whether as per the substantive provision of Section 2(1)(u), the property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property or where such property is taken or held outside the country but by way of explanation the proceeds of crime has been given broader implication by including property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence. 15. The "property" has been defined under Section 2(1)(v) which means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such propert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering. 20. It is further evident that the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment or possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever. 21. The punishment for money laundering has been provided under Section 4 of the Act, 2002. 30. Section 50 of the Act, 2002 confers power upon the authorities regarding summons, production of documents and to give evidence. For ready reference, Section 50 of the Act, 2002 is quoted as under : "50. Powers of authorities regarding summons, production of documents and to give evidence, etc.-(1) The Director shall, for the purposes of section 13, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it stood prior to 2019 had itself incorporated the expression "including", which is indicative of reference made to the different process or activity connected with the proceeds of crime. Thus, the principal provision (as also the Explanation) predicates that if a person is found to be directly or indirectly involved in any process or activity connected with the proceeds of crime must be held guilty of offence of moneylaundering. If the interpretation set forth by the petitioners was to be accepted, it would follow that it is only upon projecting or claiming the property in question as untainted property, the offence would be complete. This would undermine the efficacy of the legislative intent behind Section 3 of the Act and also will be in disregard of the view expressed by the FATF in connection with the occurrence of the word "and" preceding the expression "projecting or claiming" therein. This Court in Pratap Singh v. State of Jharkhand, enunciated that the international treaties, covenants and conventions although may not be a part of municipal law, the same be referred to and followed by the Courts having regard to the fact that India is a party to the said treaties. This Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purposes of imposing fine under Section 13, is obviously very specific and not otherwise. 425. Indeed, sub-section (2) of Section 50 enables the Director, Additional Director, Joint Director, Deputy Director or Assistant Director to issue summon to any person whose attendance he considers necessary for giving evidence or to produce any records during the course of any investigation or proceeding under this Act. We have already highlighted the width of expression "proceeding" in the earlier part of this judgment and held that it applies to proceeding before the Adjudicating Authority or the Special Court, as the case may be. Nevertheless, sub-section (2) empowers the authorised officials to issue summon to any person. We fail to understand as to how Article 20(3) would come into play in respect of process of recording statement pursuant to such summon which is only for the purpose of collecting information or evidence in respect of proceeding under this Act. Indeed, the person so summoned, is bound to attend in person or through authorised agent and to state truth upon any subject concerning which he is being examined or is expected to make statement and produce documents as m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that section is meant to regulate the right of cross examination. It is not a guide to the connotation of the word "witness", which must be understood in its natural sense, i.e., as referring to a person who furnishes evidence. Indeed, every positive volitional act which furnishes evidence is testimony, and testimonial compulsion connotes coercion which procures the positive volitional evidentiary acts of the person, as opposed to the negative attitude of silence or submission on his part. Nor is there any reason to think that the protection in respect of the evidence so procured is confined to what transpires at the trial in the court room. The phrase used in article 20(3) is "to be a witness" and not to "appear as a witness". It follows that the protection afforded to an accused in so far as it is related to the phrase "to be a witness" is not merely in respect of testimonial compulsion in the court room but may well extend to compelled testimony previously obtained from him. It is available therefore to a person against whom a formal accusation relating to the commission of an offence has been levelled which in the normal course may result in prosecution. Whether it is availab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ED official, the consequences of Article 20(3) or Section 25 of the Evidence Act may come into play to urge that the same being in the nature of confession, shall not be proved against him. Further, it would not preclude the prosecution from proceeding against such a person including for consequences under Section 63 of the 2002 Act on the basis of other tangible material to indicate the falsity of his claim. That would be a matter of rule of evidence. 434. It is, thus, clear that the power invested in the officials is one for conducting inquiry into the matters relevant for ascertaining existence of proceeds of crime and the involvement of persons in the process or activity connected therewith so as to initiate appropriate action against such person including of seizure, attachment and confiscation of the property eventually vesting in the Central Government." 25. It is evident from the observation so made as above that the purposes and objects of the 2002 Act for which it has been enacted, is not limited to punishment for offence of money-laundering, but also to provide measures for prevention of money-laundering. It is also to provide for attachment of proceeds of crime, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be cognizable offences and non-bailable offences notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, and accordingly, the officers authorised under this Act are empowered to arrest an accused without warrant, subject to the fulfilment of conditions under section 19 and subject to the conditions enshrined under this section. 29. The fact about the implication of Section 45 has been interpreted by the Hon'ble Apex Court in Vijay Madanlal Choudhary and Ors. Vs. Union of India and Ors. (supra) at paragraphs-372-374. For ready reference, the said paragraphs are being referred as under: "372. Section 45 has been amended vide Act 20 of 2005, Act 13 of 2018 and Finance (No. 2) Act, 2019. The provision as it obtained prior to 23.11.2017 read somewhat differently. The constitutional validity of Sub-section (1) of Section 45, as it stood then, was considered in Nikesh Tarachand Shah. This Court declared Section 45(1) of the 2002 Act, as it stood then, insofar as it imposed two further conditions for release on bail, to be unconstitutional being violative of Articles 14 and 21 of the Constitution. The two conditions which have been mentioned as twi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ney laundering under Section 3, such proceeds of crime are involved in money laundering. Such conditions enumerated in Section 45 of PML Act will have to be complied with even in respect of an application for bail made under Section 439 Cr. P.C. in view of the overriding effect given to the PML Act over the other law for the time being in force, under Section 71 of the PML Act. For ready reference, paragraph-17 of the said judgment is quoted as under : "17. As well settled by now, the conditions specified under Section 45 are mandatory. They need to be complied with. The Court is required to be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and he is not likely to commit any offence while on bail. It is needless to say that as per the statutory presumption permitted under Section 24 of the Act, the Court or the Authority is entitled to presume unless the contrary is proved, that in any proceedings relating to proceeds of 17 A.B.A. No. 10671 of 2023 crime under the Act, in the case of a person charged with the offence of money laundering under Section 3, such proceeds of crime are involved in money laundering. Such conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evention of Money-Laundering Act), Government of India through Manoj Kumar, Assistant Director, Eastern Region, (2015) 16 SCC 1 has been pleased to hold at paragraph -30 that the conditions specified under Section 45 of PMLA are mandatory and need to be complied with, which is further strengthened by the provisions of Section 65 and also Section 71 of PMLA. Section 65 requires that the provisions of Cr.P.C shall apply insofar as they are not inconsistent with the provisions of this Act and Section 71 provides that the provisions of PMLA shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. PMLA has an overriding effect and the provisions of CrPC would apply only if they are not inconsistent with the provisions of this Act. 34. Therefore, the conditions enumerated in Section 45 of PMLA will have to be complied with even in respect of an application for bail made under Section 439 CrPC. that coupled with the provisions of Section 24 provides that unless the contrary is proved, the authority or the Court shall presume that proceeds of crime are involved in money-laundering and the burden to prove that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces related to illegal mining, storage, and transportation. This Directorate has also identified certain FIRs in connection with illegal mining and transportation activities during the aforementioned period, with 50 of these FIRs detailed in Paragraph No. 3.4 of the Prosecution Complaint dated 16.09.2022, which have also been relied upon by the Directorate during the investigation and in supplementary prosecution complaint. Brief Facts of the offence/allegation/charge/amount involved under PMLA 3.6 During the course of the investigation, the FIR(s) mentioned in Paragraph No. 1.2 of this Prosecution Complaint were also identified to be lodged against the accused namely Pashupati Yadav (Accused No.4), his associate Rajesh Yadav @ Dahu Yadav Sunil Yadav Bachhu Yadav and others. The same has been merged in the instant ECIR and taken into the ambit of investigation to conduct a comprehensive investigation. 3.8 During the investigation conducted under the Prevention of Money Laundering Act (PMLA), 2002, it was revealed that Accused No.8 1.e Sunil Yadav is one of the close associates of Pankaj Mishra and played a pivotal role in facilitating illegal mining, its transportation, and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seized During the above searches, several incriminating documents/records and digital devices were also seized. The details of the above seized items and frozen properties have been mentioned in paragraph 7 of the Prosecution Complaint dated 16.09.2022 which includes the seizure from the residential premise under the occupation present accused Surul Yadav situated at Shobhanpur Bhatta, Sahebganj, Kali Mandir (Situated between Sahebganj Mirza- Chowki Road), 816109. 7.3 Further during the investigation, During the investigation the accused Sunil Yadav was also summoned under Section 50 of PMLA, 2002 on 28.07.2022, 16.08.2022 and 01.09.2022 for the purpose of investigation. However, the accused Sunil Yadav deliberately and intentionally avoided his presence before the Investigating Officer and as such NBW dated 29.10.2022 was issued by this Hon'ble court followed by the processes under Section 82 and 83 of Cr.P.C. Brief detail of persons examined u/s 50(2) and 3 of PMLA 8.1 The statement dated 07.06.2022 of Ankush Rajhans, Proprietor of Enterprises recorded u/s 50 of PMLA, (RUD No. 46 and 47 of PC dated 16.09.2022) Infinity reveals that he was given permission by IWAI (Inlan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough which illegal stone-laden trucks are transported Trucks laden with stone chips are charged more than the prescribed fare, with overloaded trucks crossing the ship without challan, which is also transported by słup during nighttime Pankaj Mishra is involved in extortion, and he takes advantage of his hold in the police administration for illegal recovery He has further stated in his statement that on 14.03.2022 the abovesaid persons along with Sunil Yadav started firing at him and one person Ankush Rajhans when they were taking their vessel to participate in auction at Maniharı Ghat, Katihar Bihar. Investigation has revealed that the accused Dahu Yadav and Sunıl Yadav have the illegal business of transportation of Cargo vessels through which they are involved in the transportation of stone-laden trucks. These trucks are transported illegally from Sahebganj to Bihar through Cargo vessels, which operate between Sahebganj Ghats to Maniharı Ghat Bihar. Sunil Yadav brother of Dahu Yadav looks after the transportation business with his Rajesh Yadav @ Dahu Yadav. This transportation business is carried under one firm Singhwahını Transports & Logistics. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ahu Yadav took the cash from those truck operators in lieu of passing them to Bihar, having knowledge that the said trucks did not have mining challans. His statement further reveals that the money deposited into his bank account as well as in the account of Singhwahını Transport and Logistics has been derived from the activities linked to the transportation of stone laden trucks through cargo vessels. His statement also reveals that the activity on the Ghats were also looked after by Bachhu Yadav (accused no. 2) and Rajesh Yadav @ Dahu Yadav. His statement under section 50 of PMLA, 2002 also reveals that he was responsible for the cash deposits amounting to Rs 2.80 crores in his bank accounts which were used for obtaining the tender of the ferry services in the name of Sahebganj Naw Yatayat Sahiyog Samiti Limited. Brief summary of evidence to prove that the accused and properties are involved in money laundering along with the finding of the investigation officer under PMLA : 9.2 It is also revealed during the investigation that Accused No. 1, Pankaj Mishra, is receiving assistance from local criminals, including Sunil Yadav, Rajesh Yadav (Dahu Yadav) and Bachhu Yad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion under PMLA 10.3 Pankaj Mishra, along with his accomplices, exercises control over stone mining, the setup and operation of several crushers, and the illegal transportation of stone chips via trucks and inland vessels in Sahebganj. They have a fixed share in nearly all the mining and transportation activities carried out by various individuals, including their associates. Pankaj Mishra wields political influence as the representative of the Chief Minister of Jharkhand and MLA from Barhait, Sahebganj. The accused persons mentioned above, including Sunil Yadav, enjoy his support to conduct their illegal activities related to the transportation of stone chips through cargo vessels run under his firm Singhwahini Transports & Logistics and through trucks, as well as their extortion business. 13. DETAILS OF PERSONS/ENTITIES INVOLVED IN COMMISSIONING THE OFFENCE OF MONEY LAUNDERING- Sunil Kumar Yadav (Accused no 8) a. Accused No 8 is directly involved in the process and activity linked to Proceeds of Crime as mentioned in preceding paras herein above b. The accused, used to transport the illegally mined stone chips/aggregates from the cargo vessels which were plying from Sah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strength of the said tender and the agreement with Sahebganj Naav Yaatayat Sahyog Samiti Limited, the accused person further indulged in illegal transportation on the stone laden trucks through cargo vessels without desired mining challans. The accused person directly acquired proceeds of crime amounting to Rs. 4,38,65,734/ in bank accounts which were non cash credits and linked to the activities of the illegal operations of the cargo vessels. Thus, the accused person was directly linked to the proceeds of crime amounting to Rs. 33,21,86,932/- The accused person was knowingly a party with accused no 1 namely Pankaj Mishra, accused no 2 namely Bachhu Yadav and the absconded accused person namely Rajesh Yadav Dahu Yadav in transportation of the illegally mined stone chips through inland vessels in heu of which, the above stated proceeds of crime were acquired. The accused Sunil Yadav was directly involved in the use of proceeds of crime amounting to Rs 8.52 crores in cash for obtaining the tender of the Sahebganj-Maniharı Interstate Ferry Services. The said tender was obtained by becoming a party with the accused no. 1 Pankaj Mishra and his brother Rajesh Yadav Dahu Yadav, who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PMLA, 2002 and as such is liable to be punished under section 4 of PMLA, 2002. 37. It is evident from supplementary prosecution complaint that 125 FIRS have been Lodged against various persons for the offence of illegal mining, storage, and transportation. The Directorate has also identified 50 FIRS under various sections including sections 411, 414 of IPC, as well as for offences under section 3, 4, 5 of explosive substance Act, 1908 and Section & of Environment Protection Act, 1986 linked to illegal mining and transportation activities in Sahebganj and merged them into the ECIR for a comprehensive investigation. 38. It was revealed in the investigation that the petitioner used to transport illegally mined stone chips/aggregates from cargo vessels that were plying from Sahebganj to Bihar. The accused person had the patronage of Pankaj Mishra, for which a fixed share of money from each truck was given. Further, it is revealed that the operation of the ferries is controlled by Nav Yatayat Samiti, Sahebganj which has taken the tender for an amount of Rs 8.5 crores. Investigation has also revealed that Pankaj Mishra along with Dahu Yadav @ Rajesh Yadav (Brother of Petitioner), Bacc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner is facilitating the accused person Pankaj Mishra to run the business of extortion illegal mining and transportation activities in Sahebganj. Besides this, heavy levy is extorted forcefully from transport vehicles operating in these mining areas, for allowing them to transport the mined stones and other items. It has also come on record that the Petitioner has criminal antecedents and is a habitual offender, as mentioned in Paragraphs No. 11.5 of the prosecution complaints which is also considered during conducting investigation under PMLA, 2002 as various FIR(S) have scheduled offence as specified under Part A of the Schedule. Investigation has also revealed that in lieu of facilitating and assisting Pankaj Mishra, the petitioner is getting protection in the criminal cases lodged against him. Further statement of Rajesh Yadav @ Dahu Yadav brother of petitioner was recorded under section 50 of PMLA wherein, he has revealed his affiliation with Pankaj Mishra and also disclosed information regarding the operation of ferry services and transportation of stone chips via Inland ferry services. Other witnesses also corroborated to the fact that Rajesh Yadav and Petitioner along wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the contention of the learned counsel appears to be misplaced because the offence of money Laundering is independent of the scheduled offence, particularly in matters related to the proceeds of crime. 44. At this juncture it will be purposeful to discuss the core of section 3 of PML Act, 2002. Section 3 of the Act 2002, addresses itself to three things (i) person; (ii) process or activity; and (iii) product. Insofar as persons covered by Section 3 are concerned, they are, (i) those who directly or indirectly attempt to indulge; or (ii) those who knowingly assists; or (iii) those who are knowingly a party; or (iv) those who are actually involved. Insofar as process is concerned, the Section identifies six different activities, namely (i) concealment; (ii) possession; (iii) acquisition; (iv) use; (v) projecting; or (vi) claiming as untainted property, any one of which is sufficient to constitute the offence. Insofar as product is concerned, Section 3 identifies "proceeds of crime" or the property representing the proceeds of crime as the product of the process or activity. 45. The argument that the mere generation of proceeds of crime is not sufficient to constitute the offence o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nced that there is no schedule offence, is not fit to be accepted. 49. Further the offence of money laundering as contemplated in Section 3 of the PMLA has been elaborately dealt with by the three Judge Bench in Vijay Madanlal Choudhary (supra), in which it has been observed that Section 3 has a wider reach. The offence as defined captures every process and activity in dealing with the proceeds of crime, directly or indirectly, and is not limited to the happening of the final act of integration of tainted property in the formal economy to constitute an act of money laundering. Of course, the authority of the Authorised Officer under the Act to prosecute any person for the offence of money laundering gets triggered only if there exist proceeds of crime within the meaning of Section 2(1)(u) of the Act and further it is involved in any process or activity. Not even in case of existence of undisclosed income and irrespective of its volume, the definition of "Proceeds of Crime" under Section 2(1)(u) will get attracted, unless the property has been derived or obtained as a result of criminal activity relating to a scheduled offence. The property must qualify the definition of "Proceeds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt in the case of Rohit Tandon vs. Directorate of Enforcement (2018) 11 SCC 46 has held that the statements of witnesses recorded by Prosecution - ED are admissible in evidence in view of Section 50. Such statements may make out a formidable case about the involvement of the accused in the commission of the offence of money laundering 55. In the instant case, it has been found that during the course of investigation from the statements of witnesses recorded under Section 50 that the petitioner had directly indulged, knowingly as the party and is actually involved in all the activities connected with the offence of money laundering. i.e., use or acquisition, possession, concealment, and projecting or claiming as untainted property. 56. As discussed above, the "offence of money-laundering" means whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering and the process or activity connected with procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitute the offence of money laundering under Section 3 of the Act. Reference in this regard may be taken from the judgment as rendered by the Hon'ble Supreme Court in the case of Tarun kumar vs. Assistant Director, directorate of Enforcement (supra). 60. Thus, on the basis of the discussion made hereinabove the contention of the learned counsel for the petitioner that even if the entire ECIR will be taken into consideration, no offence will be said to be committed so as to attract the ingredients of Sections 3 & 4 of the P.M.L. Act, 2002, is totally misplaced in the light of accusation as mentioned in prosecution complaint. 61. So far as the argument advanced on behalf of the learned counsel for the petitioner that the ED has already filed a supplementary prosecution complaint against the petitioner and, thus, investigation is complete and therefore, no purpose would be served in keeping the petitioner in judicial custody. 62. In response to the said submission, the learned counsel for ED submitted that the mere fact that investigation is complete does not necessarily confer a right on the accused/petitioner to be released on bail. 63. In the context of aforesaid contention o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 45(2) provides to consider the limitation for grant of bail which is in addition the limitation under the Code of Criminal Procedure, 1973, i.e., limitation which is to be considered while granting the benefit either in exercise of jurisdiction conferred to this Court under Section 438 or 439 of Cr.P.C. is to be taken into consideration. 70. It is, thus, evident by taking into consideration the provision of Sections 19(1), 45(1) and 45(2) of PML Act that the conditions provided therein are required to be considered while granting the benefit of regular bail in exercise of power conferred under Section 439 of Cr.P.C., apart from the twin conditions which has been provided under Section 45(1) of the Act, 2002. 71. This Court, based upon the imputation as has been discovered in course of investigation, is of the view that what has been argued on behalf of the petitioner that proceeds cannot be said to be proceeds of crime but as would appear from the preceding paragraphs, money which has been obtained by the accused person has been routed by this petitioner and transferred it into the account of the accused persons. 72. Section 45 of the PMLA turns the principle of bail is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen such is the sweep of Section 50 of PMLA, the statements that have been recorded and which has been relied upon in the complaint must be taken to be an important material implicating the petitioner. The statements that were recorded during the investigation has been dealt with in prosecution complaint and many of the statements clearly implicate the petitioner. Therefore, the statements that have been recorded and which has been relied upon, is also a strong material that prima facie establishes the offence of money laundering against the petitioner. 74. It is pertinent to mention here that the Hon'ble Apex Court in P. Chidambaram v. Central Bureau Investigation reported in 2020 13 SCC 337 has come up with triple test under Section 439 of Cr.PC, while dealing with cases involving economic offences. The principles that were summarized in this judgment is extracted hereunder: "21. The jurisdiction to grant bail has to be exercised on the basis of the well-settled principles having regard to the facts and circumstances of each case. The following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the law. They are oblivious to, and innocent of, the nature and gravity of the alleged offences and to the severity of the punishment in the event of conviction. In Neeru Yadav v. State of U.P. [Neeru Yadav v. State of U.P., (2014) 16 SCC 508 :] , this Court has held that while applying the principle of parity, the High Court cannot exercise its powers in a capricious manner and has to consider the totality of circumstances before granting bail. This Court observed : (SCC p. 515, para 17) "17. Coming to the case at hand, it is found that when a stand was taken that the second respondent was a history-sheeter, it was imperative on the part of the High Court to scrutinise every aspect and not capriciously record that the second respondent is entitled to be admitted to bail on the ground of parity. It can be stated with absolute certitude that it was not a case of parity and, therefore, the impugned order [Mitthan Yadav v. State of U.P., 2014 SCC OnLine All 16031] clearly exposes the non-application of mind. That apart, as a matter of fact it has been brought on record that the second respondent has been charge-sheeted in respect of number of other heinous offences. The High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration of the factual aspect or on the ground said to be not proper, then, merely because the co-accused person has been directed to be released on bail, the same will not attract the principle of parity on the principle that Article 14 envisages positive equality and not negative equality. For ready reference, relevant paragraph, i.e., paragraph-19, of the aforesaid judgment reads as under: "19. It is axiomatic that the principle of parity is based on the guarantee of positive equality before law enshrined in Article 14 of the Constitution. However, if any illegality or irregularity has been committed in favour of any individual or a group of individuals, or a wrong order has been passed by a judicial forum, others cannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same irregularity or illegality or for passing similar wrong order. Article 14 is not meant to perpetuate the illegality or irregularity. If there has been a benefit or advantage conferred on one or a set of people by any authority or by the court, without legal basis or justification, other persons could not claim as a matter of right the benefit on the basis of such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osit of huge amount of cash on frequent basis which is none other but the proceeds of crime generated from the act of illegal mining. 86. Therefore, it is evident from the discussion as made above the case of the petitioner is different to that of the said Pashupati Yadav @ Pashupat Yadav as per the allegation and it is pertinent to mention here that the bail of accused Pankaj Mishra with whom the close proximity of the present petitioner has been alleged has already been rejected by co-ordinate Bench of this Court vide order dated 08.02.2024 passed in B.A. No. 10861 of 2023. Further the Bail petition of another accused namely Prem Prakash has also been rejected by the co-ordinate bench of this Court. 87. Applying the principle of parity, this Court is of the view as per the judgment rendered by the Hon'ble Apex Court rendered in Tarun Kumar (Supra) that the benefit of parity is to be given if the facts/involvement of the petitioner, is identical to the persons with whom parity is being claimed. 88. This Court, on the basis of the discussion of the involvement of the petitioner, vis-à-vis, the other co-accused persons, is of the view that the case of the petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er: (SCC p. 371, para 5) "5. ... The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even-handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest." 24. While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/Stat ..... 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