CAV ORDER

1. The petitioner has filed this petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of arrest of the applicant in Crime No. ECIR/RPZO/02/2023 dated 20.03.2023 registered at Police Station- Directorate of Enforcement, Zonal Office, Raipur (C.G.) for the offence punishable under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 (for short “the PMLA, 2002”) and ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.01.28 subsequent remand order dated 17.10.2024 passed by the learned Special Judge, PMLA, Fourth Additional Sessions Judge, Raipur.

2. The applicant herein was arrested on 17.10.2024 by the respondent for the alleged commission of the offence punishable under Section 3 & 4 of PMLA, 2002. On 17.10.2024, the applicant was remanded to ED's custody for a period of 5 days, i.e. up to 22.10.2024. Thereafter, on 22.10.2024, the applicant was remanded to judicial custody for 14 days, which has been continued vide subsequent orders from time to time passed by the learned Special Judge, Raipur.

3. The case of the prosecution, in brief, is that the case relates to corruption and financial irregularities while releasing District Mineral Fund (DMF). It is also case of the Enforcement Directorate that said irregularities came into the knowledge of the Enforcement Directorate through open source information and FIR registered in this case. It is also case of the prosecution that during the preliminary investigation, intelligence input was received wherein it has come to the notice that the Government officials are involved in demanding for commission to release the payment for DMF work done by the contractors. The Enforcement Directorate has also collected and analyzed the bank details of the suspected persons/contractors and on equiry, it was observed that there is clear sign of siphoning off DMF and as per the prosecution case, the applicant was involved in the commission of offence. It is further case of the prosecution that the applicant who is an IAS Officer and posted as District Collector, Balod in 2019 and from June 2021 to June 2022 in Korba has demanded bribe from the contractors. The Enforcement Directorate has recorded the statements under Section 50 of the PMLA, 2002 of various vendors working under DMF and the Chief Executive Officers of Janpad Panchayat in Balod and Korba wherein some of the vendors have stated that they have paid illegal commission to the applicant. One of Chief Executive Officer, Janpad Panchayat posted in the District where the applicant was posted, has also stated that commission against DMF work has been paid to the applicant. It is also case of the Enforcement Directorate that during investigation, various corroborative evidences have also been gathered which confirms the receipt of bribe by the applicant. During investigation, the prosecution has recorded the statement of accused person, their associates, entry provider and seller of property to the accused persons and their family members. Against the present applicant, the Enforcement Directorate recorded statement on 16.08.2023, 17.08.2023, 18.10.2024, 19.10.2024, 20.10.2024, 21.10.2024 & 22.10.2024. The prosecution has collected the evidence to prove that the accused and properties are involved in the money laundering which prima facie suggests the involvement of the applicant in the crime in question. The Enforcement Directorate has recorded statement of Rakesh Kumar Shukla one of the vendor who has got DMF contracts during the Collectorship of the applicant who has stated that commission amounting to Rs. 10,42,44,960/- @ 40% received was given to the applicant through B.S. Rai. Similarly another vendor Sanjay Shende whose statement was recorded on 22.07.2023 has stated that the applicant told him that tender will not be given to his firm without commission amount. He agreed to give 20% commission to the applicant in lieu of tenders under DMF accordingly, he has paid Rs