IN THE HIGH COURT OF JUDICATURE AT PATNA
PRABHAT KUMAR SINGH, J.
Criminal Misc. No.80160 of 2023
(17.9.2024)
Dadan Singh @ Dadan Yadav
@ Dadan Pahalwan
@ Dadan Singh Yadav ... Petitioners
vs.
Directorate of Enforcement ... Opp. Parties
Code of Criminal Procedure, 1973 – Section 438 and Prevention of Money Laundering Act, 2002 (PMLA) Section 4 – Anticipatory Bail – Offence alleged under Section 4 of the PMLA – Once the cognizance is taken of the offence punishable under Section 4 of the PMLA, the Special Court is seized of the matter and the ED and other authorities named in Section 19 of the PMLA cannot exercise the power of arrest of the accused shown in the complaint – Further, once complaint is filed, it will be governed by Section 200 to 205 Cr. P.C. as none of the said provisions are inconsistent with any of the provisions the PMLA and Special Court can direct the accused to furnish Bond in terms of Section 88 of the Cr. P.C. and may also grant on sufficient cause, exemption from personal appearance under Section 205 Cr. P.C. – Impugned order of the learned Sessions Judge/Special Judge (PMLA) rejecting the anticipatory bail set aside and Special Court (PMLA) directed to consider the application of the petitioner afresh. (Paras 4 & 7)
Tarsem Lal vs. Directorate of Enforcement, 2024 (3) PLJR 119(SC) – Relied.
Prabhat Kumar Singh, J.—This is an application for grant of anticipatory bail to the petitioner in connection with Special Trial No. (PMLA) Case No. 08 of 2021, arising out of ECIR No. ECIR/PTZO/10/2014 dated 13.05.2014 instituted for offences punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short “PMLA”).
2. The prosecution case is that on the basis of F.I.R. No. 43/2006 dated 12.11.2006 and supplementary Charge-sheet No.62/07 dated 21.10.2007 filed by Koransarai P.S. Buxar forwarded by the S.P. Buxar, Bihar vide his Letter No 6192 dated 16.11.2013, an investigation was initiated by the Enforcement Directorate, Patna Zonal Office, Patna under the provisions of PMLA, 2002. In the supplementary charge-sheet, Sri Dadan Singh and Smt. Usha Singh were made accused under Sections 188, 384, 420, 120B I.P.C. and under Sections 25(1-b), 26, 35. 29. 30 of the Arms Act. In the FIR, it is alleged that one Scorpio having Registration No.DL-9CG-9596 was seized on 12.11.2006 during Panchayat Election and in the said vehicle two Aarakshi who were bodyguard of Dadan Singh, MLA and two other people namely Bhim Ram and Sanjay Kumar Yadav were present along with Rifles and its cartridge who were not carrying the license of those rifles. It is further alleged that approximately 500 posters and hand bill of “Prajatantrik Lok Ekta Dal” was also found in the vehicle which is chaired by Shri Dadan Singh (petitioner). In the Supplementary Charge-sheet no.62/2007, it is mentioned that the suspect Bhim Ram is a criminal and active member of MCC. Both the rifles seized from the Scorpio were in the name of Smt. Usha Devi W/o Shri Dadan Singh and one Arms License bearing No.56/2000 was issued from Nawada District and another Arms License bearing No.276/2003 was issued from Buxar District. It is further alleged that many irregularities were found in the process of acquiring these Arms Licenses and during the investigation, it was also found that the vehicle used in this case was also acquired from its owner by threatening and deceit. The license holder has intentionally handed over the Arms to deserter of murder case and active member of MCC for the purpose of crime. The detained suspects were closely related to the family of License holders. Therefore, petitioner and his wife Smt. Usha Devi were framed as accused persons under Sections 120B, 384 & 420 of Indian Penal Code and Sections 25, 26, 29 & 30 of Arms Act is Schedule Offence under Prevention of Money Laundering Act, 2002 (PMLA). Accordingly, inquiries were initiated under PMLA against the accused persons after recording brief facts of schedule offence in the ECIR No.PTZO/10/2014 dated 13.05.2014 and in inquiry under PMLA, it is revealed that co-accused Dadan Singh and others have acquired movable and immovable assets by committing crimes in the names of their family members and associate and projected the same as untainted. The allegation against petitioner is that he is a habitual offender and involved in various criminal activities like criminal conspiracy, attempt to murder, cheating and forgery etc. under Sections 120B, 307, 419, 420, 467, 471 of Indian Penal Code and manufacture, sell, transfer and use of arms and ammunition etc. under Sections 25, 26, 30 of the Arms Act, thus generating tainted money which were utilized for acquisition of movable and immovable properties in his own name and in the name of his family members.
3. Learned senior counsel appearing on behalf of petitioner submits that petitioner is innocent and has been falsely implicated in this case without any cogent material on account of political hostility. The petitioner earned no tainted money from any criminal case at all. The entire allegations are malicious and mala fide with a sole aim to tarnish the political career of the petitioner. The petitioner appeared before the E.D. officials thrice and explained and answered all questions and queries asked from the E.D. officials. Learned senior co
Once cognizance is taken under the PMLA, the Special Court lacks jurisdiction to arrest the accused, and bail matters must align with the Criminal Procedure Code provisions.
After cognizance of an offence under PMLA is taken, the Enforcement Directorate cannot arrest the accused, impacting the applicability of bail conditions stipulated in Section 45.
Anticipatory bail – Provision under Section 438 of Cr.P.C. cannot be invoked to protect accused from his apprehension of being taken to custody on his appearance by orders of Court.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
An individual can be prosecuted under the PMLA, even if not directly involved in the scheduled offence, and the gravity of economic offences needs to be considered in the matter of bail. The court al....
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