FPA-PMLA-2003/BBS/2017

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT

AT NEW DELHI

Date of decision : 13.02.2019

FPA-PMLA-2003/BBS/2017

Shri Bharat Bhushan Swain

… Appellant

Versus

The Joint Director

Directorate of Enforcement, Bhubaneswar

…

Respondent

Advocates/Authorized Representatives who appeared

For the Appellant

:

Mr. Rahul Shyam Bhandari, Advocate

Mr. Saswat Kumar Acharya, Advocate

For the Respondent

:

Mr. Naveen Kumar Matta, Advocate

CORAM

JUSTICE MANMOHAN SINGH

:

CHAIRMAN

SHRI G. C. MISHRA

:

MEMBER

JUDGMENT

FPA-PMLA-2003/BBS/2017

The present appeal has been preferred by Sh. Bharat Bhusan

Swain, the appellant against the order passed by Adjudicating Authority

in Original Complaint (O.C.) No. 733/2017 dated 01.09.2017 in

Provisional Attachment Order (PAO) 11/2017 dated 29.03.2017 arising

out of ECIR/02/BBSZO/2016 dated 03.06.2016. The appellant is

Defendant no.4 in the O. C.

2.

The appellant has prayed for setting aside the order dated

01.09.2017 passed by the Adjudicating Authority and passed any of

other(s) as may be deemed fit and proper in the fact and circumstances

of the case.

FPA-PMLA-2003/BBS/2017

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3.

As it reveals from the record that the present appellant, a special

class contractor undertaking various govt. projects alleged to have been

involved in many criminal activities including attempt to murder,

extortion (“dada-bati”), tender fixing, offences under Arms Act, etc. for

which five FIRs lodged against him and others by Chauliaganj Police

Station, Cuttack, Odisha since the year 1982 and was lodged in Jail

under Judicial custody. In the present case He was again arrested in

March 2016 for the extortion, tender fixing and offences under Arms Act,

under 1959 was sent to Judicial custody for 7 months till 20^th October,

2016 on the basis of FIR lodged by Sh. Saroj Dehury at the aforesaid

police station.

4.

The O.C. no. 733/2017 was filed against 10 defendants including

the present appellant who has been arrayed as defendant no. 4 as these

defendants alleged to have committed offences u/s 120B, 302, 307,

364(A), 384, 386, 387, 411, 419, 420, 471, 489(B) of IPC and sections 25

and 27 of Arms Act, 1959. As these offences are scheduled offences

under paragraphs 1 & 5 respectively of schedule under PMLA and that as

prima facie case of offence of money laundering under section 3 of PML

Act, 2002 and punishable under section 4 of PMLA, 2002, so the

Enforcement

Directorate

registered

ECIR/BBSZO/02/2016

dated

03.06.2016 and that the case was taken up for the investigation. During

the course of investigation statement of various persons including the

appellant u/s 50 of PMLA, 2002 have been recorded. The statement of

the present appellant has also been recorded.

5.

It is seen from the handwritten copy of the seizure list dated

01.02.2016 that an amount of Rs. 12,44,000/- cash seized from the

FPA-PMLA-2003/BBS/2017

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house of the appellant by the local police on 01.02.2016 during the

course of investigation in Chauliaganj PS case no. 12 dated 30.01.2014

registered u/s 341/323/326/506/34 IPC r/w section 25/27 of Arms Act,

1959 turned to 341/323/326/307/506/34 of IPC r/w Section 25 and

27 of Arms Act, 1959.

6.

It is also seen from the record that a plain paper FIR was drawn by

Sh. Ajay Kumar Das, IIC, Chauliaganj PS, Police Commissionrate,

Bhubansewar on 03.02.2016 at 2pm. In the said plain paper FIR the fact

of involvement of the present appellant in extortion etc. and the seizure

of Rs. 12,44,000/- have been reflected. Consequent thereto a regular

case was registered vide PS case no. 27/16 u/s 387/120B/34 IPC r/w

25(1-AA)/ 27 of Arms Act against the present appellant and others.

Thus, Rs. 12,44,000/- has been made as a proceeds of crime under this

PS case no. 27/16.

7.

It is also revealed from the record that charge sheets in PS c