FINAL ORDER

05.03.2025 Dictated By: Rajesh Malhotra Present appeal u/s 26 of the Prevention of Money Laundering Act, 2002, is filed by the appellants against the order dated 16.09.2016 passed by the Ld. Adjudicating Authority (AA), whereby, the properties attached by ED in PAO dated 31.03.2016 were confirmed. The details of the property of the present appellant is as under:-

(i) Immovable Property of Sh. Dabiruz Zaman Rs. 29,79,816/-

Sale Deed/Instrument No. 52 dated 03.03.2010, Details of the property are mentioned under the following Schedule of the said Sale Deed: Schedule-A: A plot of land measuring 16.29 Ares covered by Dag No. 163 & 208 under K.P Patta No. 207 of Sahar Guwahati 5th Khanda of Ulubari mouza within the district of Kamrup Assam;

The land bounded on North: Land belonging to Late Bhabani Kanta Bhuyan South; Land belonging to Late Gangaram Choudhury East:Land belonging to Mr. Gautam Baruwa West; Ajmali Land Schedule B: Western portion of fourth floor with the super built-up area of 2128.44 Sq. Ft standing on the Chandralaya Apartments over the land as described in Schedule-A herein above with the village of egress and ingress to and from the floor having common facilities of passage and stair case and other facilities as contained in this Deed of Agreeement together with proportionate right over the Land.

2. As per the facts of the case, Central Bureau of Investigation, Anti- Corruption Branch, Shilong filed chargesheet against the accused persons on 13.12.2012, namely, Debruz Jaman, Sh. Deepolal Hozai, Sh. Ranveer Singh Gandhi, Sh. Charan Singh Gandhi, in the court of Special Judge, CBI, Assam, Guwahati, for commission of offence punishable u/s 120 B IPC r/w 409 of IPC, and also r/w section 13 (ii) r/w, Section 13 (i)

(d) of PC, Act, 1988, and substantive offences thereunder.

Similarly, second chargesheet was also filed by CBI, ACB, Shillong on 23.11.2011 against the Depolal Hozai, Jayantha Kumar Ghosh @ Drubo Ghosh, Pradip Kumar Rai, Sh. Joythanon Thaosen, Sh. Debabrata, Sh.Debasish Bhattacharjee, Sh. Karuna Sindhu Das, Sh. Hemadri Sekhar Das and Sh. Keshab Bhattacharjee in the Court of Special Judge, CBI, Assam, Guwahati for offences punishable u/s 120 B, 420,468,471 of IPC and Section 13 (2) r/w 13(1) (c) & (d) of PC Act, 1988 and substantive offences thereunder.

Accordingly, on the basis of above chargesheet, the Directorate of Enforcement, Guwahati, recorded ECIR No.03/2012/GAV/PMLA dated 09.02.2012 and ECIR No.02/2013/GAV/PMLA dated 23.08.2013 initiated investigation for the commission of offence of money-laundering and to detect the trail of the laundered money against the said accused persons/suspects.

As per the CBI investigation in chargesheet no.6 dtd. 13.12.2012, the CBI concluded that Sh. Depolal Hojai was functioning as the Chief Executive Member of N.C Hills Autonomous Council from 08.01.2008 to 27.11.2008 and Sh. Dabiruz Jaman (D-4) was holding the post of Divisional Forest Officer (DFO) N.C Hills, Haflong Division from 01.04.2003 to 24.03.2009. Sh. Ranbir Singh Gandhi (D-6) and his son Sh. Charanjit Singh Gandhi (D-5) had entered into an agreement with N.C Hills Autonomous Council, Haflong since 1993 onwards to supply bamboo to Hindustan Paper Corporation Ltd (HPCL), Jagiroad, Nagaon and Panchgram, Silchar on behalf of the Council. D-6 in partnership with his son D-5 and other family members had established firms viz. M/s Hills Trade Agencies, M/s Dimasa Associates, M/s Enn Cee Hills Traders and M/s Dimalik Forest Agencies sometimes in year 2006 for dealing in the business of supplying of bamboo to HPCL. In the year 2004, the project of 4-Lanning of NH-54 was carried out by the National Highway Authority of India (NHAI) which passes through N.C Hills. A sum Rs. 9,48,33,330/- was paid by NHAI to the DFO, N.C Hills, Haflong Division as compensatory afforestation during the period from 06.09.2006 to 16.12.2010. Out of the amount Rs.9,48,33,330/-, no irregularities were found in utilization of the sum of