Money laundering is a standalone offence under PMLA, independent of scheduled offences; involvement in proceeds of crime can lead to prosecution even if not charged with the underlying crime.

Hon’ble Subhash Vidyarthi J.

1. Heard Sri Tushar Agarwal and Sri Aishwarya Pratap Singh, learned counsel for the applicant and Shri Rohit Tripathi, the learned counsel for the respondent- Directorate of Enforcement.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has challenged validity of cognizance and summoning order dated 24.10.2024 passed by the learned Special Judge, Anti Corruption/PMLA, (CBI-West), Lucknow in Session Case No. 2578/2024, the prosecution complaint filed in ECIR/LKZO/12/2021 and all consequential proceedings in the aforesaid case.

3. Briefly stated, facts of the case are that police has registered many FIRs against several persons for offences under Sections 120-B, 323, 406, 409, 419, 420, 467, 468, 470, 471, 504, 506, 505(1)(B) I.P.C. between 21.02.2020 and 26.10.2020 alleging that M/s. Anee Bullion Traders, Anee Commodity Brokers Pvt. Ltd., Eye Vision India Credit Co-operative Society Ltd., Anee Bullion Industries Pvt. Ltd. etc had propelled many ponzi schemes in various places of Uttar Pradesh and lured the investors to invest money in the Companies under allurement of lucrative returns. Post dated cheques were issued to the investors but they were returned by the banks unpaid. The company showed forged title deeds of lands whereas the Company owned no land. The Directors of the Company have diverted the investors money to other related Companies and used the same for acquiring of movable / immovable assets in the name of close relatives of the Directors.

4. On 08.03.2021, the Directorate of Enforcement registered ECIR/LKZO/12/2021 against five persons, including the applicant and her husband Ajit Kumar Gupta, stating that it appeared to be expedient to make inquiries against the accused persons regarding illegal earnings, which may be proceeds of crime i.e. tainted money earned out of the criminal activities under Sections 120-B, 323, 406, 409, 419, 420, 467, 468, 470, 471, 504, 506, 505(1)(B) I.P.C. out of which 120-B, 419, 420, 467 and 471 I.P.C. are scheduled offences under para-1 of part A of the Scheduled appended to the PMLA. The proceeds of crime generated thus appear to have been utilized by the accused persons for acquisition of various movable / immovable assets to project the same as untainted property, which is an offence under Section 3 of the PMLA, 2002.

5. After investigation, the Directorate of Enforcement filed a complaint in the Court of Special Judge, Anti Corruption, C.B.I. (W), Lucknow against five persons, including the applicant and her husband Ajit Kumar Gupta and three Companies -(i) M/s Anee Bullion & Industries Pvt. Ltd., (ii) M/s Anee Commodity Brokers Pvt.Ltd. & (iii) M/s Investors Anee Securities Pvt. Ltd.

6. The allegations against the applicant are that she is an Indian Foreign Service Officer of 2006 Batch working with the Ministry of External Affairs, Government of India. She knowingly colluded and assisted her husband through her influential position in establishing the credibility of the ponzi schemes. She being a highly educated senior Officer of Government of India, used her position actively and knowingly in assisting her husband Ajit Kumar Gupta in establishing the credibility of Anee Group Of Companies to lure the investors by participating in various functions organized by Ajit Kumar Gupta and his Companies. Due to her active involvement in raising funds by canvassing in the various functions organized by Ajit Kumar Gupta and his Companies, she was referred as the first lady of the Anee Group of Companies. In this way,