IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Bhanu Pratap Shahi, son of Shri Hemendra Pratap Dehati – Appellant
Versus
The State of Jharkhand through Enforcement Directorate – Respondent
Cr. Revision No.905 of 2018
Decided on : 02-05-2022
Indian Penal Code,1860 - Section 109 - Prevention of Money Laundering Act, 2002 - Section 3,4,13(1)(e),13(2) - Elected as Member of Legislative Assembly - Offence of money-laundering - Punishment of abetment if act abetted is committed in consequence and when no express provision is made for its punishment - Held, there is no illegality in the Cr. Revision impugned order passed by the learned Special Judge, CBI in Misc. Criminal Application arising out - Court do not find any justifiable reason to interfere with the order passed by learned Special Judge, CBI, in Misc. Criminal Application arising out or for that matter the order passed in the said case by the learned Special Judge, CBI - Criminal revision petition dismissed.
JUDGMENT :
Heard the parties.
2. This Criminal Revision petition has been filed against the order dated 13.03.2018 passed by the learned Special Judge, CBI, Ranchi in Misc. Criminal Application No.253 of 2018 arising out of ECIR/02/Pat/09/AD(D) by which the learned Special Judge, CBI has rejected the petition for discharge of the petitioner and it transpires from the record that subsequently the charges for the offences punishable under section 3 & 4 of Prevention of Money Laundering Act, 2002 have been framed inter alia against the petitioner and his private secretary namely Uma Shankar Malviya along with Ajay Singh, Prashant Kumar Singh, Santoshi Devi during the check period from March 2005 to July, 2009; while the petitioner was a Member of Legislative Assembly and Minister of Health and Labour, Government of Jharkhand, having directly or indirectly indulged in process and activities in connection with proceeds of crime of the schedule offence and knowingly have obtained/acquired huge properties and made bank transactions in the Jharkhand and other states by involving in process and activities connected with the proceeds of the crime of the schedule offences of the said offences under Prevention of Money Laundering Act, 2002 valued Rs.7,97,96,888/-, and the petitioner and others have projected the said properties as untainted properties. It further transpires that after framing the charge, the six witnesses have been examined by the prosecution during the trial and except P.W.3 rest of the witnesses have supported the case of the prosecution.
3. The case of the prosecution in brief is that the petitioner was elected as Member of Legislative Assembly on 13.03.2005 and while working as public servant as Member of Legislative Assembly and as Minister of Health and Labour, Government of Jharkhand during the check period of 13.03.2005 to 24.07.2009 acquired assets disproportionate to his known source of income to the extent of Rs.6,99,95,964/-, by abusing his official position and the disproportionate assets so acquired has been invested by the petitioner and the co-accused person in the form of movable/immovable assets
(ii) in the trust of which the petitioner was authorized signatory; and
(iii) in two front companies, which were incorporated for this purpose but which companies were not having any business activity.
It is further alleged that the acquisition of disproportionate asset by the petitioner while working as public servant is punishable offence under Section 13(2) read with 13 (1)(e) of Prevention of Corruption Act, 1988 and in this respect, Vigilance FIR. No.09 of 2009 dated 02.07.2009 was registered before the Vigilance Police Station, Ranchi, and subsequently in terms of the order dated 04.08.2010 in WP(PIL) No.4700 of 2008 passed by a Bench of this Court, the investigation was transferred to Central Bureau of Investigation and the C.B.I. re-registered the case as R.C.05(A)/10-AHD-R dated 11.08.2010 and after due investigation of the case, the Charge-Sheet No.07 of 2011 dated 22.12.2011 has been submitted inter alia against the petitioner which is schedule offences of this case which has been instituted against the petitioner and others for having committed the offences punishable under section 3 and 4 of the Prevention of Money Laundering Act, 2002. It is further alleged that the petitioner has illegally acquired Rs.7,97,96,888/- and laundered the said money with the aid and assistance of the co-accused persons in the form of movable and immovable properties. It is further alleged that modus operandi of the petitioner is basically of three types:
Dilawar Balu Kurane Vs. State of Maharashtra
DSP, Chennai Vs. K. Inbasagaran
M.E. Shivalingamurthy vs. Central Bureau of Investigation, Bengaluru
Niranjan Singh Karam Singh Punjabi, Advocate Vs. Jitendra Bhimraj Bijjaya and Ors.
State of Bihar v. Ramesh Singh [(1977) 4 SCC 39: 1977 SCC (Cri) 533: (1978) 1 SCR 257]
Soma Chakravarty Vs. State Through CBI
Union of India v. Prafulla Kumar Samal [(1979) 3 SCC 4 : 1979 SCC (Cri) 609: (1979) 2 SCR 229]
At the stage of framing charges, the court must apply its judicial mind to the material placed on record and be satisfied that the commission of the offense by the accused was possible.
The court upheld the necessity of trial for charges framed under the Prevention of Money Laundering Act, emphasizing that prima facie evidence supports the petitioner’s involvement in fraudulent acti....
Discharge denied in PMLA case as scheduled offences pending via protest petitions/remand; prima facie case from money trail suffices at discharge without mini-trial; beneficial ownership extends liab....
The main legal point established in the judgment is the requirement for prosecution under PMLA, emphasizing the conditions for initiating proceedings under PMLA and the essential elements of the offe....
The main legal point established in the judgment is that the charge can be framed based on the possibility of the commission of a crime, even if the case is based on circumstantial evidence. The Cour....
The extent of exercise of discretion by Court is limited to prima facie satisfaction of Court and if Court does not find reasonable grounds of suspicion against the Accused, it may discharge him of o....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.