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TMI Blog2023 (6) TMI 1473X X X X Extracts X X X X X X X X Extracts X X X X ..... following five heads constituted the prosecution case so far as the present petitioner is concerned. S. No. Name of the accused Role in the case 1. Shri Manik Bhattacharya (A-(9) D.O.B. 07.05.1954, son of Late Shri Sunil Kumar Bhattacharya, R/c-26 S, Jadavpur East Road, 1st Floor, Kolkata-700032 Shri Manik Bhattacharya being the president of West Bengal Board of Primary Education was actively involved in colossal of corruption/illegal activities and thereby acquired huge proceeds of crime running into crores of rupees and further laundered the same through a number of persons including other accused in the instant case. Shri Manik Bhattacharya is the one of the main accused and along with other accused persons he executed his illegal activities and the proceeds generated through the said illegal activities were acquired, possessed, used are laundered. Shri Manik Bhattacharya in conspiracy with his henchman namely Shri Tapas Kumar Mondal and others hatched a conspiracy and pursuance of that conspiracy, he being the present of West Bengal Board of Primary Education has abused his high official position to secure qualification for 325 candidates illegally in TET-2014 by corru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o such institutions by M/s Acuere Consultancy Services. However, no such services were provided to such institutions till date. Shri Manik Bhattacharya also compelled 530 self-financed D.El.Ed. Colleges to give him an amount of Rs.50,000/- per institution order to launder the said extorted money, Shri Souvik Bhattacharya in connivance with Shri Manik Bhattacharya formed a proprietary concern namely M/s Acuere Consultancy services in his name and arranged an agreement dated 02.10.2018 between the said firm and Bengal Teachrs training Colleges Association being the association of self-financed D.El.Ed colleges of West Bengal, Showing purpose of consultancy services to be provided to the said 530 selffinanced D.El.Ed colleges by M/s Acuere Consultancy Services. 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 at the rate of Rs.50,000/- per college which was recived in the bank accounts of M/s Acuere Consultancy services to guise of services rendered to them. Investigation conducted under PMLA, 2002 revealed that no such services have been provided to these colleges/institutions by M/s Acuere Cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laundering. In addition to that, Explanation to Section 3 of PMLA also provides that "the process of 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 whatsever". As revealed from the facts of the case, he continued to be involved in processes and acitivities connected with said proceeds of crime and continued to be in possession and use of the said proceeds of crime. In view of the facts and aforesaid legal explanation, it is noticed that he continued to commit offence of money laundering as per Section 3 of PMLA and therefore liable to be punished under Section 4 of PMLA for such continuing activity. 2. Shir Souvik Bhattacharya (A-10) D.O.B.-23.02.1989, S/oShri Manik Bhattacharya, R/o- 26 S, Jadavpur East Road, 1st Floor, Kolkata700032. Shri Souvik Bhattacharya was actively involved in assisting his father Shri Manik Bhattacharya in acquisition, possession, concealment and laundering the proceeds of crime acquired by Shri Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat conspiracy opened a number of joint bank accounts with those induced persons without informing them the purpose of opening such joint bank accounts with them. Further, he kept such joint bank accounts in his control, occupation and operation. Further he also infused huge sums of cash in that bank accounts and from there the same were used for making FD jointly in the name of himself and his one of the relative Shri Debabrata Mukherjee. Further, Shri Souvik Bhattacharya operated those accounts by showing himself as secondary holder but the said bank accounts was completely under his control and use. As such Shri Souvik Bhattacharya was involved in the acquisition, use, possession, and concealment of proceeds of crime with the assistance of other accused persons and entities. Thus, the accused person has committed the offence of Money Laundering as defined under section 3 of PMLA and is, therefore, liable to be punished under section 4 of PMLA, 2002. Aforesaid acts committed by him are covered by the definition of offence of money-laundering. In addition to that, Explanation to Section 3 of PMLA also provides that "the process or activity connected with proceeds of crime is a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount so infused in her joint bank accounts as well as the bank accounts being maintained singly in her name is nothing but the proceeds of crime generated activity relating to the scheduled offences under PMLA, 2002. As such, it is clearly established that she was involved in the acquisition, use possession, an concealment of proceeds of crime with the assistance of other accused persons and entities. Thus, the accused persons has committed the offence of Money Laundering as defined under Section 3 of PMLA and is, therefore, liable to be punished under section 4 of PMLA. 2002. Aforesaid acts committed by her are covered by the definition of offence of money-laundering. In addition to that, Explanation to Section 3 of PMLA also provides 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". As revealed from the facts of the case she continued to be involved in processes and activities connected with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s business entity was solely used in the acquisition, use, possession, and concealment of proceeds of crime with the assistance of other accused persons and entities. 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. 5. M/s Educlasses Online (A-13) (Represented through its proprietor Shri Souvik Bhattacharya), At- 26 S, Jadavpur East Road, 1st Floor, Kolkata-700032. M/s Educlasses Online is the proprietary 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 PMLA. Shri Manik Bhattacharya (A-9) being the president of West Bengal Board of Primary Education has abused and misused his high official position and in pursuance thereof he compelled the students of the D.El.Ed Colleges and/or the D.El.Ed colleges to give him an amount of Rs.500/- per student of all the D.El.Ed Colleges in guise of arranging online classes to the students of D.El.Ed colleges during the Covid-19 pandemic. Investigation c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint and the incident complained of is almost five years old. Not even a scrap of paper or transaction could be collected which would reveal any amount near Rs.20.73 crores. The only reliance which has been made relate to the statement of Tapas Kumar Mondal under Section 50 of the P.M.L.A Act which was made before the authorized officer on 21.10.2022 and 29.10.2022. "Q4. Please state that whether Shri Manik Bhattacharya had collected the said amount in cash himself or through any other person on his behalf and from where? Ans. The said amount at the rate of Rs.5000/- per candidate for the registration made offline during sessions 2018-20, 2019-21 and 2020-22 was collected from my office at Mahishbathan in cash through an authorized person by Shri Manik Bhattacharya. At present I am unable to recall the person." ................... "The aforementioned amounts were handed over by the principle/owner of the respective Dl. Ed Colleges/Primary teacher raining colleges to Shri Gautam Das, one of my staff working with All Bengal Teachers Training Achievers Association, at the office of the said association located at 232 Mahishbathan, Sector-V, Salt Lake, Kolkata-7001 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .87 crores (approximately). So far as the present petitioner is concerned, the Enforcement Directorate could trace out Rs.7.87 crores out of which a sum of Rs.2.94 crores individually belonged to the present petitioner. It has been submitted by the learned senior advocate that the petitioner is aged about 67 years and had a professional career of more than 40 years. To that extent, learned advocate submitted that the quantum on which emphasis and stress has been laid down by the Enforcement Directorate is questionable in view of the provident fund and other investments of the petitioner cannot be considered to be proceeds of crime. Learned senior advocate in course of his argument also drew the attention of the Court to the genesis of the case which was pursuant to FIR registered by the Central Bureau of Investigation on the basis of a direction passed by the High Court. The said case being RC-0102022A0006 dated 09.06.2022. The complicity of the present petitioner was challenged before the Hon'ble Supreme Court and the Hon'ble Supreme Court was initially pleased to direct the CBI authorities not to take any coercive steps so far as the present petitioner is concerned and the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Manik Bhattacharya gave contradictory replies on both the occasions and tried to mislead the investigation and did not reveal the truth of the matter. 13. That, M/s Acuere consultancy service is a proprietorship firm of Shri Souvik Bhattacharya the only son of Shri Manik Bhattacharya, involved in management and consultancy services. This M/s Acuere Consultancy Services had received a total of Rs.2.64 crores approx. @ Rs.50,000/- per institution during the period from Oct 2018 to April 2019 in the name of services rendered to a total of 530 private institutions offering various courses like B.Ed & D.El.Ed based in West Bengal. The investigation revealed that no services have been provided to these colleges/institutions by M/s Acuere Consultancy Services against the received amount of Rs.2.64 crores (approx), therefore it is clear that this amount is nothing but proceeds of crime generated through the criminal activities. 16. From the digital evidences seized from the premises of Shri Manik Bhattacharya under panchnama dated 22.07.2022 it is revealed that various names of the candidates alongwith their Roll numbers were available in a CD. After going through the panel of list of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 SCC 439 paragraphs 34 to 36, (ii) Rohit Tandon Vs. Directorate of Enforcement, reported in (2018) 11 SCC 46 paragraphs 19 to 24 and 33, (iii) Anil Kumar Yadav Vs. State (NCT of Delhi), reported in (2018) 12 SCC 129 paragraphs 19 to 24 and 31, 33, (iv) Gautam Kundu Vs. Directorate of Enforcement (Prevention of Money Laundering Act), (2015) 16 SCC 1 paragraph 37, (v) Ranjitsing Brahmajeetsing Sharma Vs. State of Maharashtra, reported in (2005) 5 SCC 294 paragraphs 44 to 46, (vi) Subires Bhattacharyya, In re: 2022 SCC OnLine Cal. 4307 paragraphs 12 and 13, (vii) Anubrata Mondal Vs. CBI 2023 SCC OnLine Cal. 23 paragraphs 7 to 10, (viii) Vijay Madanlal Choudhary & Ors. Vs. Union of India & Ors. reported in 2022 SCC OnLine 929. Learned advocate for the Enforcement Directorate has also relied upon the statement of five witnesses who were individuals and who were deprived in spite of being successful candidates. Learned advocate lastly had stressed upon a sum of Rs.1.87 crores being infused into the accounts of the petitioner, his son and his wife. To that effect subsequently an opportunity was granted and after taking instructions, an explanation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on with the instant case on the next date fixed i.e. 19th August, 2023. I have considered the submissions of learned senior advocate appearing for the petitioner and the learned advocate appearing for the Enforcement Directorate. One of the important considerations of the court while considering the application for bail under the Prevention of Money Laundering Act are the twin conditions being as under- "45. Offences to be cognizable and non-bailable -(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence shall be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity to oppose the application for such release; and where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Having regard to the fact that the petitioner was the President of West Bengal Board of Primary Education and that there are materials to show that the Enforcement Directorate has been able to collect materials which would satisfy the presumptions at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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