APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI FPA-PMLA-2547/PTN/2018 Shyamal Chakravarty … Appellant Versus The Deputy Director, Directorate of Enforcement, Patna … Respondent Advocates/Authorized Representatives who Argued For the Appellant : Shri Rajeev Awasthi, Advocate, For the Respondent : Ms. Natasha Garg, Advocate.

CORAM SHRI V. ANANDARAJAN : MEMBER SHRI RAJESH MALHOTRA : MEMBER

FINAL ORDER

06.08.2024 Dictated By: Rajesh Malhotra Present appeal u/s 26 of the Prevention of Money Laundering Act, 2002 is filed by the appellant Shyamal Chakravarty against the impugned order dated 03.08.2013 passed by the Adjudicating Authority in OC No. 172 of 2012, confirming the attachment of the following properties of the appellant:

2. As per the facts of the case, charge-sheet No. 05/2011 dated 10.08.2011 of Central Bureau of Investigation, SPE, AHD, Ranchi was filed u/s 173 of the Cr.P.C., before the Hon‟ble Special Judge, CBI, Ranchi for commission of offences punishable u/s 120B, 420, 467, 468, 471 of the IPC, 1860 and section 13(1)(c), 13(1)(d) r.w. 13(2) of the Prevention of Corruption Act, 1988;

Charge-sheet No. 06/2011 dated 05.09.2011 of Central Bureau of Investigation, SPE, AHD, Ranchi is filed u/s 173 of the Cr.P.C. before the Hon‟ble Special Judge, CBI, Ranchi, for commission of offences punishable u/s 120B, 420, 477A of the IPC, 1860 and section 13(2), r.w. 13(1)(d) of the Prevention of Corruption Act, 1988;

Charge-sheet No.12/2013 dated 31.08.2013 of Central Bureau of Investigation, ACB, Ranchi is filedu/s 173 of the Cr.P.C. before the Hon‟ble Special Judge, CBI, Ranchi, for commission of offences punishable U/s 13(2) r.w. 13(1)(e) of the Prevention of Corruption Act, 1988 and also r.w.s. 109 of the IPC, 1860.

On the basis of the above FIRs/charge-sheets and other documents, ECIR, bearing No. ECIR/12/PAT/2012 & ECIR/13/PAT/2012 dated 18.05.2012 were recorded by Enforcement Directorate, Patna Zonal Office against Dr. Pradeep Kumar & others, as the offences u/s 420/467/471/120B of Indian Penal Code, 1860 and section 13 of Prevention of Corruption Act, 1988 are scheduled offences under the schedule to the PMLA Act, 2002.

Perusal of the above FIRs/Charge-sheets reveal that Dr. Pradeep Kumar & others have been charged forindulging in criminal conspiracy, cheating, dishonestly inducing delivery of property, forgery of valuable security, will etc., using as genuine a forged document, or electronic record and criminal misconduct by a public servant and thereby causing loss to the government exchequer.

Vide charge-sheet No. 05/2011 dated 10.08.2011, it has been alleged by the CBI, Ranchi that Rs.31.68 crores were squandered out of NRHM funds by the public servants, namely, Shri Bhanu Pratap Sahi, Dr. Pradeep Kumar, Dr. Vijay Shankar Narayan Singh, Shri Madan Mohan Prasad, Shri Pradyut Mukherjee & others in collusion with private persons, namely, Shri Nand Kishore Fogla, Shri Rajesh Fogla, Shri Shyamal Chakravarty & others. Dr. Pradeep Kumar, being the Mission Director functioned as Chief Executive Officer, Jharkhand Rural Health Mission Society during the period from 20.06.2008 to 03.08.2009 and while functioning as such, he was directly responsible for any omission and commission. CBI Investigation of the case has established that Shri Bhanu Pratap Shahi entered into criminal conspiracy with Dr. Pradeep Kumar, Dr. Vijay Shankar Narayan Singh, S