IMPORTANT POINT
The court established that under the Prevention of Money Laundering Act, 2002, the offence of money laundering is independent of the predicate offence, and the burden of proof lies on the accused to prove that the proceeds of crime are not tainted. The conditions for bail under Section 45 are mandatory and must be strictly adhered to.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

Prayer:

1. The instant application has been filed under Section 439 and 440 of the Code of Criminal Procedure, 1973 praying for grant of bail in connection with Case No.ECIR-04/2022(S), arising out of ECIR/RNZO/03/2022 registered under Section 3 punishable under Section 4 of PML Act, 2022.

Factual Matrix of the Case:

2. The prosecution story in brief as per the allegation made in the instant ECIR/complaint reads as under:

The case of prosecution in brief is that the investigation under the Prevention of Money Laundering Act, 2002, was initiated by recording an ECIR bearing no. 3/2022 based on the FIR no. 85/2020 dt. 22.06.2020 of one Sambhu Nandan Kumar at Barharwa Police Station, Distt-Sahebganj, Jharkhand against accused Pankaj Mishra and others. It is alleged that the accused persons threatened the above complainant over the phone not to participate in the tender of Barharwa Toll, and on the refusal of which the complainant was attacked by a mob, on the behest of the accused persons. Subsequently, the charge sheet no. 231/2020 dated 30.11.2020 was filed in the court at Rajmahal, Distt-Sahebganj. Further, the agency took several other FIRs related to the matter along with the above case to investigate the instant case.

It was revealed during the investigation that the vehicles carrying the mined items (Mainly stone chips) had to cross Barharwa Toll before reaching the main roads. It was also revealed that apart from mining under valid licenses, a vast quantity of mining is being carried out illegally in Sahibganj District and adjoining areas. It also revealed that the accused person, Pankaj Mishra, is involved in the illegal collection of levies from the trucks carrying stone chips through his accomplices and also has control over the mining of stone chips and boulders as well as installation and operations of several crushers, set up across various mining sites in Sahebganj district. He has a fixed share in almost all the mines and transportation by several persons, including his associates. He enjoys political clout, being the representative of the Chief Minister, Jharkhand, who is also an MLA from Barhait, Sahebganj. The investigation into the bank accounts reveals the acquisition of proceeds of crime running into crores of rupees.

It is stated that to unearth the larger picture, the Enforcement Directorate has merged the other FIRs who were lodged against the accused Pankaj Mishra, related to illegal mining into existing ECIR. Further, the issue of illegal mining & damage to the environment is also being investigated considering the observation of the Hon’ble National Green Tribunal (NGT), New Delhi given in the matter and various FIRs registered related to the issue of illegal mining. It is further alleged that apart from mining under valid license, a huge quantity of mining is being carried out illegally in Sahibganj District and adjoining areas and the accused Pankaj Mishra is involved in illegal collection of levies from the trucks carrying stone chips through his accomplices. It is further, alleged that total cash amounting to Rs. 5,34,44,400/- was recovered from accomplices as well as close associates of the prime accused Pankaj Mishra. Further, the supplementary prosecution complaint reveals that the proceeds of crime out of the illegal mining are generated in cash and are also being transferred to the accused, Pankaj Mishra, by the accused, Tinkal Kumar Bhagat, Krishna Kumar Saha, and the present petitioner.

In the instant case, these accused persons have knowingly acquired and possessed the proceeds of crime in such a manner as if it was untainted money; they also trying to project the said ill-gotten money/proceeds of crime as untainted. Further, it has been alleged that the accused petitioner has not only received the huge amount in illegal way earned through illegal mining, trad