IMPORTANT POINT
The main legal point established in the judgment is that the court's decision to grant bail to the applicant was influenced by the specific role attributed to the applicant in the process of money laundering, as well as the bail granted to the prime accused under the PMLA.

JUDGMENT :

1. Heard Shri Mundargi, learned senior advocate appearing for the applicant and Shri Ashish Chavan, learned counsel for the respondent no.1.

2. This is an application for bail under section 439 of the Code of Criminal Procedure read with section 45 of the Prevention of Money Laundering Act, 2002 (“PMLA”, for short) in connection with ECIR No. ECIR/MBZO-I/57/2022 registered with the Enforcement Directorate, Mumbai Zonal Office-1 (“ED”, for short) for the offences punishable under sections 3 read with 4 of the PMLA.

3. The applicant is the accused no.2 in the aforesaid ECIR registered by ED. The said ECIR arises out of a private complaint bearing no. 12 of 2022 dated 10/03/2022 lodged by the Ministry of Environment, Forest and Climate before the Judicial Magistrate First Class, Dapoli for violation of section 19 and section 15 read with section 7 of the Environment (Protection) Act, 1986. Section 15 read with section 7 being a scheduled offence under the PMLA, the said ECIR came to be registered. The applicant was arrested on 13/03/2023.

4. There are in all 6 accused in respect of the said ECIR. At the relevant time, the applicant was working as a Sub-Divisional Officer at Dapoli, posted since 19/11/2015. On 27/07/2017, an application was made on behalf of accused no.1-Sadanand Kadam for conversion of land into NA in respect of Gat No. 446 at Murud for approximately one acre accompanied by a proposal for construction of twin bungalows. The applicant in his capacity as Sub-Divisional Officer allowed the application on 12/09/2017 and granted NA permission. The accusation is that the applicant has misused his authority as despite the land falling within CRZ-III in respect of which no permission could have been granted, the applicant knowlingly proceeded to grant such permission. So far as the role played by the accused no.1 and the present applicant is concerned, the same is part of PMLA complaint, the relevant portion of which reads thus :

“12. ROLE PLAYED BY THE ACCUSED & CHARGES UNDER PMLA:

12.1 Accused Sadanand Kadam acted on behalf of Anil Parab to negotiate the purchase of agricultural land admeasuring 42 Gunta located at Gut No.446, Murud Dapoli, Ratnagiri knowing very well that the said land falls within Coastal Regulation Zon-III which is No Development Zone and any new construction is strictly prohibited therein as per Coastal Regulation Zone Notification of 2011.

Further, Sadanand Kadam in connivance with Vinod Depolkar and on the instance of Shri Anil Perab filed an application for conversion of the said land into non agriculture for the purpose of construction of Twin Bungalow, under the forged signature of erstwhile owner Vibhas Sathe. Thereafter, Sadanand Kadam influenced and pressurized Revenue Department Authorities viz. Jayraz Deshpande, the then SDO, Dapoli & Sudhir Shantaram Pardule, the then Circle officer, Dapoli, for acquiring illegal permission for conversion as well as construction over the said Agricultural Land and only after that Revenue Department authorities granted illegal permission for conversion of the said land into non agricultural and construction therein.

Sadanand Kadam on behalf Shri Anil Parab also looked after the construction of unauthorized structure end changed the construction plan to resort viz. Sai Resort NX even though the construction plan approved by Revenue Department was of Twin Bungalow. Further, Sadanand Kadam on behalf of Anil Parab had again used influence of Anil Parab, the then MLC and pressurized Suresh Shankar Tupe, Sarpanch & Anant Koli, Gram Sevak of Murud Gram Panchayat to assess & levy the tax immediately on the said unauthorized and illegal resort and to make entries in Gram Panchayat Form No.8, therefore, tax was levied on the incomplete structure due to pressure and influence of Shri Anil Parab used by Sadanand Kadam.

Accused Sadanand Kadam has also manipulated the balance sheets and invoices in order to show expenses made for the construction of Sai Resort NX on