Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, J.
M/s Gupta Traders - Petitioner
Versus
State through Enforcement Directorate, Ranchi through Additional Director - Opposite Party
Cr. Revision No. 1075 of 2025 With Cr. Revision No. 1120 of 2025, Cr. Revision No. 1121 of 2025, Cr. Revision No. 1122 of 2025, Cr. Revision No. 1126 of 2025, Cr. Revision No. 1127 of 2025, Cr. Revision No. 1128 of 2025, Cr. Revision No. 1129 of 2025, Cr. Revision No. 1132 of 2025, Cr. Revision No. 1133 of 2025, Cr. Revision No. 1134 of 2025
Decided On : 27-02-2026
| Table of Content |
|---|
| 1. ecir based on land fraud, sand theft, liquor firs. (Para 1 , 2 , 3 , 4) |
| 2. pmla needs live scheduled offence; predicates quashed. (Para 5 , 6) |
| 3. pending firs, cash trails invoke s.24 presumption. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. court frames discharge and prima facie issues. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. pmla targets broad proceeds from scheduled offences. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56) |
| 6. discharge if no grave suspicion; avoid mini-trial. (Para 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85) |
| 7. accused roles in possessing, using poc detailed. (Para 86 , 87 , 88 , 89 , 90 , 91 , 92) |
| 8. pending predicates validate pmla prima facie case. (Para 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100 , 101 , 102 , 103 , 104 , 105 , 106 , 107 , 108 , 109 , 110 , 111 , 112 , 113 , 114 , 115) |
| 9. revisional power limited to patent errors. (Para 116 , 117 , 118 , 119 , 120 , 121 , 122 , 123) |
| 10. revisions dismissed; no trial interference. (Para 124 , 125) |
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. Since these matters are interlinked and, as such, these are heard together and being disposed of by this common order/judgment.
2. All these Criminal Revision petitions have been filed under sections 438 & 442 of Bhartiya Nagarik Suraksha Sanhita, 2023.
3. These Criminal Revision petitions are directed against the order dated 21.08.2025 passed by the learned Special Judge, PML Act, Ranchi in connection with ECIR Case No. 08 of 2023 arising out of ECIR/RNZO/09/2022 registered for the offence under Sections 3 punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (in short PMLA,2002) whereby and whereunder, the Miscellaneous Criminal Applications filed by the petitioner seeking discharge, have been rejected.
Factual Matrix
4. The brief facts of the case as per the pleadings made in the instant petitions which requires to be enumerated herein, read as under:
(i) The basis of present ECIR case is following 4 FIR [1. Deoghar Town PS Case No. 342 of 2020 dated 11.07.2020 u/s.419/420/467/468/471/379/427/ 120B/34 of the IPC (Land FIR), 2. Jasidih PS Case No FIR No. 50 of 2020 dated 21.01.2020 u/s. 420/166/463/467/468/471/120B/34 (Land FIR), 3. Margomunda PS Case No 27 of 2020 dated 16.07.2020 u/s. 420/379/120B and section 4/21 of Jharkhand Mines Minerals (Development & Regulation), 1957 and Section 54 of J.M.M. Grant Rules, 2004 [Sand FIR] and 4. Rikhiya PS Case No 01 of 2022 dated 01.01.2022 u/s. 272/273/467 and section 47A of Jharkhand Excise Duty Act, 1915 (Liquor FIR)].
The details of above mentioned 4 FIR is as follows.
(ii) In short as per first FIR i.e. Deoghar Town PS Case No. 342 of 2020 dated 11.07.2020 u/s. 419/420/467/468/471/379/427/120B/34 of the IPC (Land FIR) is that informant Kiran Singh had purchased, the land located in Deoghar, in Mouza- Shyamganj, Mohalla- Castair’s Town popularly known as “Roy Bangla” in the year 1998 and were in peaceful possession of the same and had also been paying all the taxes to the government against the said property since 1998 till the accused Jogendra Tiwari and others took over the possession of the land by using illegal means, demolished the old house situated thereon and fraudulent sold of parts of the land. It also surfaced that the petitioner also received proceeds of crime arising out of such sale of property.
(iii) In short as per second FIR i.e. Jasidih PS Case No FIR No. 50 of 2020 dated 21.01.2020 u/s. 420/166/463/467/468/471/120B/34 IPC (Land FIR) is that the petitioner Jogendra Tiwari along with the other accused persons hatched criminal conspiracy for issuance and production of forged land possession certificate (LPC) and deed for land measuring 27,413.25 square feet at Mouza Shyamaganj, thana no. 413, Plot No. 775 and 77
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 PMLA's application is concerned with the ongoing nature of financial misconduct, allowing proceedings even for actions predating its enforcement, where evidence showcases potential 'proceeds of c....
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....
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
The court affirmed that under the PMLA, indirect involvement in money laundering suffices for prosecution, and the burden of proof rests on the accused to prove their innocence.
A discharge petition under PMLA requires a prima facie case to be established; if such a case exists, the trial must proceed.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
The offence of money laundering under the PMLA is a standalone, continuing offence, not dependent on the outcome of related scheduled offences, with a reverse burden of proof on the accused regarding....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
