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TMI Blog2023 (12) TMI 1347X X X X Extracts X X X X X X X X Extracts X X X X ..... of Money Laundering Act, 2002 (in short 'PMLA Act') pending in the Court of learned Special Judge, CBI cum PMLA at Ranchi PROSECUTION CASE 3. ECIR No. 04 of 2022(S) in ECIR/RNZO/03/2022 dated 08.03.2022 under Section 3 read with Section 4 of PMLA Act was registered on the basis of F.I.R. being Barharwa P.S. Case No. 85/2020 under Sections 147, 149, 341, 342, 323, 379, 120B, 504 and 506 of the Indian Penal Code, 1860 against Pankaj Mishra. As per the F.I.R the informant Shambhu Nandan Kumar, was threatened and obstructed by accused persons from participating in tender for Barharwa Toll. The control for Barharwa Toll was key to gain control over the six tolls which came under this Nagar Panchayat and was connecting the mining site and main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Pankaj Mishra and on several instances payments from Krishna Kumar Shah Account were made to Pankaj Mishra Bank Account. It has been estimated that the petitioner was in possession of crime proceeds amounting to Rs. 17,58,18,751/- which was projected at untended. ARGUMENT ON BEHALF OF PETITIONER 8. It is submitted by learned senior counsel on behalf of petitioner that the petitioner is not named in the F.I.R. or in the E.C.I.R. and his name has surfaced in the third supplementary prosecution complaint filed on behalf of Enforcement Directorate. 9. Here, there is no material to show that proceeds of crime travelled to this Petitioner from the other co-accused persons, rather it is said on the basis of the statement of Pankaj Mishra (ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for helping the people impacted by Covid-19. Mining beyond the lease hold area, will make out an offence under Mines and Minerals (Development and Regulation) Act (MMDR Act) and not for Indian Penal Code offences. The offence under MMDR Act are not schedule offence. 13. Lastly, it is submitted that the arrest of the petitioner has been made in violation to the mandate of Section 19(1) of the Prevention of Money Laundering Act, 2002 as he was not informed in writing about the ground of arrest. Hon'ble Supreme Court in Pankaj Bansal Vs. Union of India, 2023 SCC OnLine SC 1244 has held that furnishing of the ground in writing was mandatory and non-compliance will entail the arrest as illegal. It is further argued that 'henceforth' in the ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, acquisition, use of proceeds of crime as much as projecting it as untainted property or claiming it to be so. Thus, involvement in any one of such process or activity connected with the proceeds of crime would constitute offence of money-laundering. This offence otherwise has nothing to do with the criminal activity relating to a scheduled offence - except the proceeds of crime derived or obtained as a result of that crime. 15. It is not necessary that present accused of money laundering also be an accused of predicate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of directions given in Pankaj Bansal (supra) was intended to have retrospective operation. The plain reading of para 35 of the said order and the use of word 'henceforth', can only mean that that direction of the Hon'ble Supreme Court was prospective and not retrospective in nature. Furthermore, if the suggested interpretation of the expression 'henceforth' is accepted, it will amount to review all the arrest so far made under Section 19(1) of PMLA. 20. Be that as it may, there are factors from which an inference can be drawn that rigors of Section 45 PMLA Act will not apply in the present case. The petitioner was not named in the earlier two prosecution complaints submitted by E.D. and his name has transpired in the 3rd supplementary pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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