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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., RAVINDRA KUMAR AGRAWAL, J.
Anil Tuteja S/o Late H.L. Tuteja – Petitioner
Versus
Union of India through the Secretary Department of Revenue, New Delhi – Respondent
Cr. M.P. Nos. 721, 860, 936, 959, 964, 1098, 1186, 1286, 1287, 1288, 1444, 1467, 1807 of 2024
Decided On : 20-08-2024
(A) Prevention of Corruption Act, 1988 - Sections 7 and 12 - Indian Penal Code, 1860 - Sections 420, 467, 468, 471, 120-B - FIR registered against multiple accused for alleged involvement in a liquor scam causing loss to the State Exchequer - The court held that the FIR was validly registered based on credible information and that the investigation should proceed to uncover the full extent of the alleged corruption. (Paras 1, 15, 56, 152)
(B) Jurisdiction - The court emphasized that the registration of FIRs by different agencies for distinct but related offences is permissible under law, provided the allegations are not identical. (Paras 31, 150)
(C) Arrest and Remand - The court upheld the legality of arrests made under the Prevention of Money Laundering Act, affirming that the grounds for arrest were adequately substantiated and that the investigation was ongoing. (Paras 19, 140, 152)
(D) Evidence - The court noted that evidence collected during investigations, even if from previous cases, could be utilized in ongoing inquiries, provided it is relevant to the current allegations. (Paras 55, 128)
JUDGMENT :
RAMESH SINHA, C.J.
1. Since common and inter-related facts and issues are involved in this batch of petitions, they are being considered and decided by this common judgment.
2. The petitioners, in Cr. M.P. No. 721/2024 have prayed for the following reliefs:
2. This Hon’ble Court may kindly be pleased to quash the Letter dated 11.07.2023 sent by the Respondent No. 2 to the Respondent No. 4 in complete violation of the Order dated 18.07.2023 passed by the Hon’ble Supreme Court and all consequential actions/ proceedings emanating therefrom.
3. To kindly call for the entire records of the preliminary inquiry conducted by Anti-Corruption Bureau, Raipur in relation to the Impugned FIR bearing No. 04/2024 dated 17.01.2024 registered by the ACB, Raipur and the details and records relating to the grant of sanction u/s 17A Prevention of Corruption Act granted by the appropriate authority for registration of the Impugned FIR.
4. That, any other reliefs which the Hon’ble Court deems fit & proper may kindly be pleased to granted in favour of the petitioners.”
3. The petitioner, in Cr. M.P. No. 860/2024 has prayed for the following reliefs:
2. This Hon’ble Court may kindly be pleased to quash the Letter dated 11.07.2023 sent by the Respondent No. 2 to the Respondent No. 4 in complete violation of the Order dated 18.07.2023 passed by the Hon’ble Supreme Court and all consequential actions/ proceedings emanating there from.
3. To kindly call for the entire records of the preliminary inquiry conducted by Anti-Corruption Bureau, Raipur in relation to the Impugned FIR bearing No. 04/2024 dated 17.01.2024 registered by the ACB, Raipur.
4. To kindly call for the records of the statements recorded by the Respondent No. 2 under CCTV surveillance, as was mandated in terms of the Orders and directions of the Ld. Spl. Judge (PMLA), Raipur.
5. That, any other reliefs which the Hon’ble Court deems fit & proper may kindly be pleased to granted in favour of the petitioners.”
4. The petitioner, in Cr. M.P. No. 936/2024 has prayed for the following reliefs:
2. This Hon’ble Court may kindly be pleased to quash the Letter dated 11.07.2023 sent by the Respondent No. 2 to the Respondent No. 4 (which forms a part of the Impugned FIR) in complete violation of the Order dated 18.07.2023 passed by the Hon’ble Supreme Court and all consequential actions/proceedings emanating therefrom.
3. To kindly call for the entire records and details of the sanction given by the appropriate authority under Sec. 17A PC Act taken by the ACB, Raipur and the preliminary inquiry conducted by Anti-Corruption Bureau, Raipur in relation to the Impugned FIR bearing No. 04/2024 dated 17.01.2024 registered by the ACB, Raipur.
4. That, any other reliefs which the Hon’ble Court deems fit & proper may kindly be pleased to granted in favour of the petitioners.”
5. The petitioner, in Cr. M.P. No. 959/2024 has prayed for the following reliefs:
AI
The court affirmed the validity of FIRs registered by different agencies for distinct offences, emphasizing the necessity of ongoing investigations into serious allegations of corruption and money la....
The court affirmed that even if a prosecution complaint is quashed, information under Section 66(2) of the PML Act can justify the lodging of an FIR, as it discloses cognizable offences.
Bail is the rule and jail is the exception, especially in serious economic offences under the Prevention of Money Laundering Act, where the gravity of charges necessitates stringent scrutiny.
The presence of a scheduled offence legitimizes the existence of an ECIR and allows the department to continue the investigation. However, the settlement or quashing of scheduled offences in FIRs pro....
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
Courts cannot direct ED to register ECIR solely on predicate offence existence; ED's satisfaction on proceeds of crime required.
A predicate offence must exist for PMLA investigations to proceed; if proceedings are stayed, then related investigations, including ECIR and NBWs, must also desist.
Anticipatory bail under the PMLA requires clear evidence that the accused is not guilty and unlikely to commit further offences, which was not demonstrated in this case.
The court upheld the validity of the ECIR independent of the FIRs, affirming that non-bailable warrants were justified due to the petitioners' non-cooperation in the investigation.
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
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