IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G. Sri Devi, J.
Avva Udaya Bhaskar Rao - Appellants
Vs.
Directorate of Enforcement and Ors. - Respondent
Crl. P. No. 7118 of 2020
Decided On : 08-02-2021
Code of Criminal Procedure, 1973 - Section 438 and 161 - Evidence Act - Section 27 - Prevention of Money Laundering Act, 2002 - Agri Gold Company - Illegal unregulated collective investment scheme - Seeking to grant anticipatory - Gold Company led by and other Directors, have hatched a plan to run an illegal unregulated collective investment scheme by collecting deposits from public, without approval of RBI/SEBI or any government agency, under name board of "Real Estate Business", to tune depositors under claims/accounts as with a promise to return amounts with high rate of interest or registering a piece of land after developing it as plots for money invested on deposits and accordingly issued receipts for group deposits as if it was an advance to a piece of land - Depositors deposited their hard earned money in Agri Gold Group of Companies believing promises of company - Criminally conspired with other accused Directors in companies and established 156 subsidiary companies under Agri Gold Group for purpose of tax evasion and protection from Land Ceiling Act and to divert funds collected by Primary Companies etc. from depositors - Modus operandi of scheme of Agri Gold Group Companies was that they would lure gullible public to join as depositors in their schemes and encourage them to pay desired deposits either directly or through agents for allotting a developed plot in nearby locality or to pay back their money with high rate of interest - Whether a person is being tried for an offence which also happens to be an offence under Part A of Schedule, or an offence – Held, petitioner has been regularly attending before respondent authorities as and when called for and cooperating with investigation by furnishing required information; main accused have already been arrested and their custodial interrogation has already been done by respondent authorities; major part of the investigation has already been completed and properties worth Rs. 4109.13 Crores have already been attached, custodial interrogation of present petitioner is not required - In such circumstances, granting anticipatory bail to the petitioner on certain conditions is justifiable - Petitioner is directed to surrender before Assistant Director, Directorate of Enforcement, within a period of fifteen days from today, and on such surrender, he shall be released on bail on -his executing a personal bond to tune with two sureties each to the like amount to his satisfaction - Petitioner shall personally appear before the respondent authorities on every Monday, Wednesday and Friday between till completion of the investigation - Criminal Petition is allowed.
ORDER :
G. Sri Devi, J.
1. This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner seeking to grant anticipatory trail in the event of his arrest in connection with F. No. ECIR/HYZO/09/2018/4377, dated 08.12.2020 on the file of the Assistant Director, Directorate of Enforcement, Hyderabad, which was registered under the provisions of Prevention of Money Laundering Act, 2002 (15 of 2003).
2. The case of the prosecution is that Agri Gold Company led by Avva Venkata Rama Rao and other Directors, have hatched a plan to run an illegal unregulated collective investment scheme by collecting deposits from public, without the approval of RBI/SEBI or any government agency, under the name board of "Real Estate Business", to the tune of Rs. 6380.00 Crores from 19,18,865 depositors under 32,02,628 claims/accounts as on 30.11.2014, with a promise to return the amounts with high rate of interest or registering a piece of land after developing it as plots for the money invested on the deposits and accordingly issued receipts for the group deposits as if it was an advance to a piece of land. The depositors deposited their hard earned money in Agri Gold Group of Companies believing the promises of the company. Avva Venkata Rama Rao criminally conspired with other accused Directors in the companies and established 156 subsidiary companies under Agri Gold Group for the purpose of tax evasion and protection from Land Ceiling Act and to divert the funds collected by the Primary Companies etc. from the depositors. The modus operandi of the scheme of the Agri Gold Group Companies was that they would lure the gullible public to join as depositors in their schemes and encourage them to pay the desired deposits either directly or through the agents for allotting a developed plot in the nearby locality or to pay back their money with high rate of interest. The said companies did not mention either the actual market value of the land or its location or its boundaries or survey numbers or the permissions required to be obtained for the layout from the concerned authorities. All the depositors, who paid money to Agri Gold Group of Companies, are in the form of deposits only. The Agri Gold Group of Companies did not obtain permission from RBI to collect such deposits. SEBI has also stated that Agri Gold Group of Companies carried out the business in the form of Collective Investments Schemes (CIS). The Group has collected monies from depositors by promising them to pay double the amounts or allotment of a plot to the depositor, but the Agri Gold Group Companies represented by their Directors, diverted the funds to various industries like Power/energy, Diary, Entertain, Health. (Ayurvedic), Farm Land Ventures etc., without knowledge of the depositors and defaulted to return the deposits either in cash or in kind as agreed upon. SEBI in its report on 14.09.2015 declared that the business of M/s. Agri Gold Farm Estates India Private Limited was nothing but a Collective Investment Scheme and ordered the company to stop taking further deposits and return the money to the depositors, but instead of complying with the directions of the SEBI in letter and spirit, the said Avva Venkata Rama Rao, opened new companies and started collecting deposits in the names of new companies on the pretext of real estate business. The said Avva Venkata Rama Rao had earlier worked as a Marketing Executive in M/s. Golden Forest CIS Scam and he was well aware that such schemes are illegal and unsustainable. Despite having full knowledge of criminal proceedings and SEBI investigation against Golden Forest Scam from the very beginning, he planned and executed a conspiracy with the support of his family to dupe lakhs of gullible investors. The management of Agri Gold Group induced the gullible public to deposit money in their companies and failed to return the same. Despite the fact that ever by their own unverified claims, the Agri Gold
Shri Gurbaksh Singh Sibbia and others v. State of Punjab (1980) 2 SCC 565
Nikesh Taruchand Shah v. Union of India and another (2018) 11 SCC 1
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Anticipatory bail in economic offences requires a careful analysis of the seriousness of allegations and potential risks to investigations, particularly when significant fraud is involved.
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
The judgment establishes that the grant of anticipatory bail in economic offences is an extraordinary remedy and should be considered only in exceptional cases, balancing the rights of the accused wi....
Article 21 of the Constitution of India provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Arrest of an offender during in....
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