HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G. Sri Devi, J.
Radhe Shyam - Appellant
Vs.
State of Telangana and Ors. Respondent
Criminal Petition No.4569 of 2019
Decided On : 26-08-2019
Prize Chits and Money Circulation Schemes Act, 1978 – Section 420 IPC – Sections 4, 5 6 – Arms Act – Section 25 (1B) – Prevention of Money-Laundering Act, 2002 – Police registered a case in Crime against petitioner/2nd respondent/accused petitioner cheated about 60 lakh persons and collected an amount of Rs.3,000 crores on pretext of investment in Maker Life Care Private Limited and other entities controlled by him Global Marketing private Limited, M/s. Fair Deal Import and Export Division, M/s. Mukul Corporation – Held, huge amount of Rs.3,000/- crores involved and 60 lakh persons victims in case, trial Court issued P.T. Warrant for production of petitioner to record his statement in present case so as to enable 2nd respondent/Enforcement Department to proceed further with investigation, there is no illegality or irregularity in impugned order and that there no sufficient ground to interfere or to set aside same, learned Assistant Solicitor General conceded and assured that immediately after recording statement of petitioner, he will sent back to Central Prison-2, Hissar, Haryana State –Petition is disposed of (Para 8, 9)
Facts of the case:
Police registered a case in Crime against petitioner/2nd respondent/accused petitioner cheated about 60 lakh persons and collected an amount of Rs.3,000 crores on pretext of investment in Maker Life Care Private Limited and other entities controlled by him Global Marketing private Limited, M/s. Fair Deal Import and Export Division, M/s. Mukul Corporation
Findings of the court:
Huge amount of Rs.3,000/- crores involved and 60 lakh persons victims in case, trial Court issued P.T. Warrant for production of petitioner to record his statement in present case so as to enable 2nd respondent/Enforcement Department to proceed further with investigation, there is no illegality or irregularity in impugned order and that there no sufficient ground to interfere or to set aside same, learned Assistant Solicitor General conceded and assured that immediately after recording statement of petitioner, he will sent back to Central Prison-2, Hissar, Haryana State
Result : Petition is disposed of
ORDER :
1. The present Criminal Petition is filed under Section 482 Cr.P.C. questioning the order, dated 26.07.2019, passed in Crl.M.P.No.3226 of 2019 in F.No.ECIR/HYZO/10/2019 on the file of the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar.
2. The brief facts of the case are that the Police, Kukatpally registered a case in Crime No.710 of 2018 against the petitioner/2nd respondent/accused under Section 420 IPC and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 25 (1B) of the Arms Act and the same is pending for investigation. Basing on the said F.I.R., the 2nd respondent- Enforcement Department investigating into the said case under the Prevention of Money-Laundering Act, 2002 (for brevity ‘the PML
Act’) in File No.ECIR/HYZO/10/2019 opened on 20.03.2019. During the course of investigation, it is found that the petitioner cheated about 60 lakh persons and collected an amount of Rs.3,000 crores on the pretext of investment in M/s. Future Maker Life Care Private Limited and other entities controlled by him viz. M/s. FMLC Global Marketing private Limited, M/s. Fair Deal Import and Export Division, M/s. Mukul Corporation, M/s. Sahil Corporation, M/s. Muskaan Enterprises, M/s. Sahyog Tours and Travels Private Limited, M/s. Future Charitable Trust (Mother Rasoi), M/s. Sky Touch Corporation private Limited, M/s. Sky Touch Marketing and Developers India Limited, M/s. Priyanka Enterprises etc., and failed to return the invested amount to the depositors. There are no actual business activities in respect of M/s. Future Maker Life Care Private Limited that can earn profits and give returns to its customers. Further, the petitioner and others have diverted the amounts deposited by the depositors to their personal accounts through their company bank accounts for wrongful gain and amassed huge movable and immovable assets by utilizing the said money. For carrying out these activities, bank accounts in different banks in India were opened in the name of the petitioner and connected entities/persons, related to the petitioner and the said information was gathered from the preliminary investigation by the Enforcement Directorate. As the investigation is at the initial stage; huge amounts and number of innocent victims were involved, the detailed statement of the suspect is needed to complete the investigation. The petitioner, who is presently lodged in Hissar Central Jail as an under trial prisoner, in connection with Crime No.358 of 2018 of Sadar Fatehabad Police Station, Haryana, and Crime No.859 of 2018 of Hisar City Police Station, Haryana, is one of the main perpetrators of the scam. Hence, interrogation of the petitioner/accused is necessary for eliciting the truth to obtain the following information, which would be useful for completion of investigation under the PML Act.
a. To establish the role of the petitioner, and to know the modus operandi of the crime.
b. To ascertain the details of all the bank accounts held in the name of the petitioner and their related firms and companies and to verify the same in order to trace out where the funds were diverted and parked.
c. To trace/recover the proceeds of crime from the petitioner and documentary and material evidence in the case.
d. To identify the movable and immovable properties gained wrongfully in India by the petitioner by utilizing the diverted deposits of the lakhs of victims.
e. To get the details of other companies, firms and persons involved in the conspiracy.
3. Since the petitioner/accused is in judicial custody, the 2nd respondent-Enforcement Department filed an application under Section 267 Cr.P.C. read with Section 50 of PML Act to direct the concerned authorities to produce the petitioner in F.No.ECIR/HYZO/10/2019 so as to enable the 2nd respondent/Enforcement Department to proceed further in investigating the case. After considering the entire material available on record and the submissions advanc
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