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HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL, J.
Asim Das S/o Shri Shushil Das - Applicant
Versus
Directorate Of Enforcement Government Of India, - Respondent
MCRC No. 913 of 2025
Decided on : 11-03-2025
(A) Prevention of Money Laundering Act, 2002 - Sections 3 and 4 - Bail application under Section 483 - Applicant arrested for involvement in money laundering linked to illegal online betting operations - Significant cash amounts seized from applicant - Evidence suggests applicant acted as liaison for key perpetrators and facilitated money laundering activities - Court emphasizes the serious nature of economic offenses and the necessity of maintaining custody for further investigation. (Paras 1, 10, 16)
(B) Bail - The court must consider prima facie evidence against the accused without delving into merits - Economic offences require a distinct approach due to their impact on public funds and national economy. (Paras 6, 12)
Facts of the case:
The applicant was arrested on 03.11.2023 for handling illegal funds from an online betting operation, with substantial cash seized from his possession. He was allegedly involved in a larger conspiracy related to the Mahadev Online Book App, facilitating illegal betting and money laundering. (Paras 1, 10)
Findings of Court:
The applicant's claims of lack of evidence were rejected, with the court finding sufficient evidence of his involvement in money laundering activities. The court noted the gravity of the offense and the need for continued custody. (Paras 10, 16)
Issues: The court examined the applicant's connection to the alleged money laundering, the evidence against him, and the implications of granting bail in light of ongoing investigations. (Paras 3, 4)
Ratio Decidendi: The court determined that the applicant's actions constituted money laundering as defined under the PMLA-2002, emphasizing the serious nature of economic crimes and the necessity for the applicant to remain in custody to prevent further offenses. (Paras 10, 16)
Result: Bail application rejected.
Order :
(Ravindra Kumar Agrawal, J.)
1.This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 03.11.2023 for the offence underSections 3 and 4 of Prevention of Money Laundering Act, 2002 (for short “PMLA-2002”), in ECIR No. RPZO/10/2022, registered by the Enforcement Directorate, Raipur (for short “ED”).
2.The prosecution’s case is that an FIR of Crime No. 112 of 2022, registered on 29.07.2022 at Police Station Mohan Nagar, Durg, Chhattisgarh under Section 4-A of the Public Gambling (CG Amendment) Act, 1976 and Sections 420 and 120-B of IPC and Section 66-D of Information Technology Act, 2000, which was registered against five accused persons, namely Alok Singh Rajput, Ram Pravesh Sahu, Kharag @ Raja Singh, Abhishek and Pintu. The ED had registered the Enforcement Case Information Report (for short ‘ECIR’) No. RPZO/10/2022. On the secrete information gathered by the officers of ED, the raid was conducted on the premises of other accused persons, in which it was found a set with laptop and they were collecting money by creating online IDs and through the said IDs they were placing bets for others through Mahadev book, on online Cricket matches, Horse racing, Greyhound racing and Kabaddi, etc. Upon interrogation, the accused persons disclosed the name of two persons, namely, Abhishek and Pintu, who taught them the procedure of creating the IDs and placing bets in various sports through the Mahadev book. Initially, treating the FIR No. 112 of 2022 (Final Report No. 157/2022) of P.S. Mohan Nagar, Durg as Scheduled/Predicate Offence, the respondent/ED registered the ECIR No. RPZO/9/2022, which was re-numbered as ECIR No. RPZO/10/2022 vide corrigendum dated 07.11.2022 issued by the ED.
In the said ECIR, FIR No. 206/2023 dated 02.06.2023 registered at P.S. Cyber Crime Vishakhapatnam Commissionerate, Andhra Pradesh, FIR No. 37/2023 registered at P.S. Bhilai Bhatti, District Durg (C.G.), FIR No. 86/2023 dated 27.02.2023 registered at P.S. Chhawani, District Durg (C.G.), FIR No. 336/2023 dated 10.08.2023 registered at P.S. Gudhiyari, District Raipur (C.G.), FIR No. 685/2023 dated 11.08.2023 registered at P.S. Khamtarai, District Raipur (C.G.), FIR No. 6/2024 dated 04.03.2024 registered at EOW, Raipur (C.G.) and FIR No. 206/2020 dated 24.09.2020 registered at P.S. Burtola, Kolkata, West Bengal, have been included in the said ECIR.
On 20.10.2023, the ED filed its first prosecution complaint against 14 accused persons, alleging that the online gambling app in the name of Mahadev Online Book is established for illegal betting in different live games like; poker, card games, chance games, betting on cricket, badminton, tennis, football, etc. and also to provide facility for playing several card games like; teen patti, dragon tiger, virtual cricket games using cards, etc. It is also alleged that the Mahadev Online Book advertised about these betting websites through closed WhatsApp groups and Facebook pages.
During the investigation conducted by the ED, it comes in the investigation that the promoters of the Mahadev Online Book, namely Sourabh Chandrakar and Ravi Uppal, were running the said illegal betting app through online mode and the tentacles of the online betting app have been spread wide enough and the promoters created a system of franchising the panels for illegal online betting app within the Indian territory as well as at abroad. The betting app is operated by various panel/branches, which are sold in a small franchise by the promoters Sourabh Chandrakar and Ravi Uppal through their associates. An elaborate system to receive incoming money from the betting user and also to pay them back as winning amount has been created in a well planned manner. They created a system that the betting user cannot directly pay money on the website and they need to contact on WhatsApp and deposit money into bank accounts in
The court held that the applicant's involvement in money laundering was sufficiently established, necessitating denial of bail due to the serious nature of economic offenses and ongoing investigation....
The court emphasized that bail under the PMLA requires satisfaction of twin conditions regarding the accused's guilt and likelihood of committing further offences, which were not met in this case.
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.
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....
The court emphasized that in economic offences under the PMLA, bail is not granted unless the accused proves they are not guilty and unlikely to commit further offences.
The court granted bail under the PMLA, emphasizing the lack of sufficient evidence linking the applicant to money laundering, and highlighting the necessity for a predicate offence to substantiate ch....
The court upheld that under Section 45 of the PML Act, the applicant failed to demonstrate that there were reasonable grounds for believing he was not guilty and unlikely to commit further offenses w....
The court determined that the prosecution must establish a clear link to proceeds of crime to justify denial of bail under PMLA, emphasizing the right to a speedy trial.
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