IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Mukesh Kumar s/o Jai Kishan Sharma - Applicant
Versus
State of Gujarat - Respondent
Special Criminal Application (Quashing) Nos. 5002, 4795, 5014, 5685 of 2015
Decided on : 06-05-2016
Prevention of Money Laundering Act, 2002 - Sections 3,4,45 and 65 - Constitution of India - Article 21 - Economic Offences - Money laundering - Whether offence under Prevention of Money Laundering Act is cognizable or non-cognizable - Held, None of fundamental rights or any legal rights of any of applicants have been infringed in any manner -Economic offences having deep rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting economy of country as whole and thereby posing serious threat to financial health of country -No stretch of imagination, offence under Prevention of Money Laundering Act could be termed as bailable and non-cognisable - Petition dismissed -
J.B. Pardiwala, J.
Since the issues raised in all the captioned petitions are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.
2. For the sake of convenience, the Special Criminal Application No.5002 of 2015 is treated as the lead matter.
3. The petitioner came to be arrested on 23rd May, 2015 by the respondent No.2 under the Prevention of Money Laundering Act, 2002 (for short the PMLA) in connection with the ECIR/03/AMZO/2015 registered as the PMLA Complaint No.8 of 2015 for the offence punishable under sections 3 and 4 of the Act, 2002. It is the case of the petitioner that a first information report being I-C.R. No.85 of 2015 came to be registered with the Kishanwadi Police Station for the offence punishable under sections 418, 419, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code against four persons, namely, (i) Girish Parshottam Patel @ Tommy Patel (ii) Kirankumar Jayantilal Mala (iii) Dharmendrasinh Vishwanath Chauhan @ Dharmin Chauhan and (iv) Chirag Parikh. It is alleged that they were engaged in the activity of gambling with the aid of mobile phone. The accusation is that they were engaged in the cricket betting.
4. On the very next day of the registration of the first information report, the Enforcement Case Information Report No.ECIR/03/AMZO/2015 was registered with the office of the respondent No.2, inter alia, alleging that the four persons, named above, have committed the offence of money laundering under the Act, 2002.
5. The petitioner came to be arrested at New Delhi. After his arrest, his statement was recorded under section 50 of the Act, which was, later on, retracted when he was produced before the court of the learned Metropolitan Magistrate, Patiala House, New Delhi.
6. The petitioner was, thereafter, produced before the Designated Special Court at Ahmedabad on 25.05.2015. The Designated Court granted remand upto 28.05.2015.
7. In the PMLA Complaint No.8 of 2015, which was filed on 15.06.2015 before the Designated Special Court, Ahmedabad, the petitioner has been shown as an accused along with the other co-accused. In such circumstances referred to above, he has prayed for the following reliefs;
“(A) To issue a writ of mandamus and/or certiorari and/or any other writ, order or direction quashing and setting aside the PMLA Case No. 8 of 2015 filed in ECIR No: EClR/O3/AMZO/2015 dated 15/06/2015 and order dated 15/06/2015 at Annexure-A passed by Hon’ble Special Judge, Ahmedabad (Rural), the Designated Special Court under the Prevention of Money Laundering Act, 2002 at Ahmedabad qua the petitioner.
(B) To issue a writ of mandamus and/or certiorari and/or any other writ. order or direction quashing and setting aside the PMLA Case No. 8 of 2015 filed in ECIR No: ECIR/03lAMZO/2015 dated 15/06/2015 under the Prevention of Money Laundering Act, 2002 at Ahmedabad qua the petitioner.
(C) Pending admission. hearing and final disposal of this writ petition. further proceedings of PMLA Case No.8 of 2015 filed in ECIR No: ECIR/03/AMZO/2015 pending before the Hon'ble Court of Principal District & Sessions Judge. Ahmedabad (Rural), the Designated Special Court under the Prevention of Money laundering Act, 2002 at Ahmedabad on such terms and conditions as may deem fit and proper in the interest of justice.
(c) To dispense with filing of certified copy of ECIR No; ECIR/03/AMZO/2015 at Annexure-C to the petition.
(D) To dispense with an affidavit in support of the petition since the petitioner is in custody.
(E) To pass any other and further orders as may be deemed fit and proper.”
8. So far as the other petitions are concerned, the petitioners have prayed to quash the ECIR referred to in the prayer clause on the very same submission
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