The judgment emphasizes the need for substantial probable causes to believe the accused is not guilty, the requirement to prove allegations beyond reasonable doubt, and the presumption of innocence until proven guilty.

ORDER :

1. By the present application filed Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) and Section 65 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA, 2002”), the applicant is praying for grant of regular bail in connection with ECIR bearing ECIR/NGSZO/13/21 registered by Directorate of Enforcement, Sub-Zonal Office, Nagpur for offence under Section 3 and punishable under Section 4 of the PMLA, 2002 (hereinafter referred to as “ECIR”).

Brief and relevant facts are as under:

2. An offence was registered at Kuntur Police Station, Nanded under Section 420, 406, 467, 468, 471, 477-A and 120B of Indian Penal Code (hereinafter referred to as “IPC) vide Crime No. 109/2018, dated 19/07/2018 against the present applicant and 18 others, on a report of Assistant Police Inspector, Nanded Police, who had received secrete information that essential commodities of Wheat and Rice is being illegally transported from the godown of Food Corporation of India (FCI) Jawahar Nagar, Tuppa to the company Baheti Group, M/s. India Mega Agro Anaj Limited (hereinafter referred to as “IMAAL”). Thereupon raid was conducted in the premises of IMAAL on 18/07/2018.

3. In further investigation, it was revealed that total 192 trucks of various registrations were constantly ferried to IMAAL during the period 01/01/2018 to 18/07/2018.

4. Thus, it is alleged that the applicant conspired and was involved in illegal transportation of essential commodities of Wheat and Rice from godowns of FCI Jawahar Nagar, Tuppa to the company Baheti Group Mega Agro Anaj Limited. Accordingly the aforementioned crime was registered.

5. Since, Section 420 and 120(B) of IPC being the scheduled offence, under PMLA 2002, inquiry was initiated under PMLA 2002 against the accused persons. After scrutinizing the F.I.R., Charge-sheet and Bank Account Statement, the Statements of the applicant was recorded under Section 50 of the PMLA 2002.

6. Thereafter, on conducting Forensic Audit, it is alleged that the total amount transferred to various firms from IMAAL is Rs.55,27,43,000/-, without any business rationale and this amount was withdrawn mostly in cash during the period from January 2018 to July 2018.

7. It is further alleged to have revealed that the applicant has no business relations with the said business firms which were indirectly operated by the applicant and he used these fake firms to launder the tainted money received/acquired/obtained/ earned by illegal procurement of food grains from FCI godowns or by selling the end products of his company IMAAL that were acquired by illegal acquisition of food grains from FCI godown.

8. In the above referred backdrop the Assistant Director, Directorate of Enforcement, Ministry of Finance, Government of India filed a complaint under Section 45 read with Section 44 of the PMLA 2002 for commission of offence defined under Section 3 of PMLA 2002 and punishable under Section 4 of the PMLA 2002 against the applicant and M/s. India Mega Agro Anaj Limited (IMAAL), before the Special Court for PMLA cases.

9. I have heard the learned counsel for the respective parties.

10. Shri S.V.Manohar, learned Senior Advocate argues that the applicant has been falsely implicated in the alleged offence. It is submitted that the applicant is not guilty of the alleged offence.

11. Shri Manohar, learned Senior Advocate has drawn attention of this Court to the various provisions of the PMLA 2002. He submits that an offence which did not form part of the Scheduled Offences would not attract the provisions of Section 3 of the said Act. He has further contended that whatever be the amounts involved and even if the same had been unlawfully procured, the same might attract the offence under any other Act, unless it forms part of the scheduled offence under the PMLA 2002 to attract the provisions of Sec