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IN THE HIGH COURT OF ORISSA AT CUTTACK
V. NARASINGH, J.
Soumyakant Mohanty - Petitioner
Versus
Directorate Of Enforcement – Respondent
BLAPL No.10054 of 2024
Decided On : 17-12-2024
| Table of Content |
|---|
| 1. court notes applicability of bail principles in context. (Para 1 , 9 , 11 , 15 , 16 , 18 , 20) |
| 2. allegations of money laundering against the petitioner. (Para 2 , 5 , 6) |
| 3. petitioner contends non-pendency of other bail applications. (Para 3 , 4 , 7 , 8) |
| 4. petitioner argues for bail despite section 45 pmla constraints. (Para 10 , 12) |
| 5. court expounds on conditions of arrest post cognizance. (Para 14 , 19) |
| 6. court grants bail with conditions. (Para 21 , 22 , 23) |
ORDER :
V. NARASINGH, J.
1. Heard Mr. Pal, learned counsel for the Petitioner and Mr. Agarwal, learned counsel for the Directorate of Enforcement.
2. The Petitioner is an accused in connection with Complaint Case (PMLA) No.10 of 2023 pending on the file of learned Sessions Judge, Khurda at Bhubaneswar-cum-Special Court under the Prevention of Money Laundering Act, 2002, for commission of offence alleged under Sections 3 and punishable under Section 4 of PMLA Act, 2002.
3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) r/w Section 45 of the PMLA Act by the learned Spl. Judge (CBI) Court No.1/PMLA, Bhubaneswar by order dated 31.07.2024 in the aforementioned case, the present BLAPL has been filed.
5. The Enforcement Directorate filed a Complaint Case (PMLA) Case No.10 of 2023 in the Special Court under the Prevention of Money Laundering Act, 2002, Bhubaneswar against the present Petitioner cited as Accused No.3 and others under Section 45 read with Section 44 of the Prevention of Money Laundering Act (PMLA), 2002.
6. The allegation against the Petitioner has been stated in Paragraph-9 of the said complaint. The same is extracted hereunder;
“9. SPECIFIC ROLE OF THE ACCUSED / CO- ACCUSED/ PERSONS ABETTING IN THE COMMISSTON OF OFFENCE OF MONEY LAUNDERING IN TERMS OF SECTION 3 OF PMLA:
| Sl. No. | Name of the Role of the Accused in the Accused instant case |
| 01 | xxx xxx xxx |
| 02 | xxx xxx xxx |
| 03 | Soumyakant 1.1 Soumyakant Mohanty |
| Mohanty (A3) | has cheated numbers of parents with promise to allot seats for admission to MBBS course to their children in different Medical colleges and thereby generated crores of rupees as proceeds of crime relating to commission of scheduled offence under PMLA, 2002. He has also accepted that he has cheated many parents by adopting the aforesaid Modusoperandi. Hence, the accused came in possession of such "proceeds of crime". 1.2 The accused have used the said proceeds of crime for various purposes in hidden and concealed manner without disclosing the origin of such funds. Movable and immovable properties acquired out of such proceeds of crime were identified and attached provisionally under PMLA, 2002. Even the properties acquired out of said proceeds of crime and also involved in offence of money laundering were projected in a manner as if obtained legally from legal money. Therefore, such properties were projected as if they are untainted properties. 1.3 Aforesaid acts committed by accused person is clearly covered by the definition of offence of moneylaundering, wherein any person deals with proceeds of crime in any manner (whether concealment possession or acquisition or use), whether directly or indirectly, such person shall be guilty of offence of money-laundering. In the instant case, accused person has knowingly acquired, possessed, transferred, layered and used the said proceeds of crime obtained or derived by commission of scheduled offences in such a manner as if it was untainted money and therefore, he is guilty of offence of moneylaundering as per the provisions of section 3 of PMLA, 2002' and therefore liable to be punished. | |
| xxx | xxx | xxx |
7. It is submitted by learned counsel, Mr. Pal that the Petitioner was taken into custody in the predicate offences on 03.12.2019 and in six of such cases, he ha
After cognizance of an offence under PMLA is taken, the Enforcement Directorate cannot arrest the accused, impacting the applicability of bail conditions stipulated in Section 45.
The court held that the applicant failed to satisfy the twin conditions for bail under Section 45 of the PMLA, 2002, due to the serious nature of the allegations and the evidence presented.
The main legal point established in the judgment is the unconstitutionality of the twin conditions for release on bail as per Section 45(1) of the PML Act, 2002, as declared by the Supreme Court in N....
Anticipatory bail – Merely because an arrest can be made because it is lawful, does not mandate that arrest must be made – Distinction has been made between existence of power of arrest and justifica....
The court's decision highlighted the lack of objective satisfaction about the petitioner's guilt, the divergent views expressed by the High Courts and the Supreme Court, and the personal liberty of t....
The right to personal liberty under Article 21 prevails over prolonged pre-trial incarceration, with bail granted subject to stringent conditions.
(1) Grant of bail – Consideration of two conditions mentioned in Section 45 is mandatory and while considering bail application, rigours of Section 45 have to be reckoned by court to uphold objective....
The court emphasized the right to a speedy trial and liberty, allowing bail under the Prevention of Money Laundering Act after 15 months of custody, citing no likelihood of trial commencement.
Point of law : The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, th....
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