- (1.) Heard learned counsel for the applicant, learned A.G.A. and Sri Narendra Deo Rai, learned Advocate who appeared for the opposite party no. 2.
(2.) Submission of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. Whatever allegation have been levelled against the applicant is false and is not supported by any documentary evidence. It was further argued that regulation regarding distribution of coal was decontrolled and during the period for which allegation has been levelled for earning illegal money applicant was not working on the post of General Manager. It was further argued that for the same cause of action charge sheet has been filed in the C.B.I. Court, Lucknow. Cognizance has been taken and the applicant had approached before the High Court of Judicature at Lucknow Bench and the proceedings has been stayed. It was next submitted that duty of the applicant was only to promote the small scale industries thus thereafter whatever duty had been assigned to the applicant he had fully performed. Applicant did not recommend for distribution of the coal on his own rather same had been got done in compliance of the order of the higher authorities. Verification report is also not related to the time when the applicant was posted as General Manager. No illegal money has been taken from any authority or person of industrial unit and no illegalities have been committed on the part of the applicant. Criminal revision filed by the applicant was dismissed on another ground hence the finding recorded by the revisional court is also not barred in allowing the bail application. It was further argued that Hon'ble Apex Court in Gautam Kundu Vs. Manoj Kumar, Assistant Director, Eastern Region, Directorate of Enforcement (Prevention of Money Laundering Act), 2016 CrLJ 666 did not create any bar on allowing the bail application under the Prevention of Money Laundering Act. Applicant is aged about 65 years and is suffering from several old age diseases. If he is not released in this matter he will not be able to get proper medical assistance. Amount said to have been earned as shown in the complaint is based on the imagination. Present applicant could not be fastened liability in the garb of provisions of Prevention of Money Laundering Act (hereinafter referred to as the Act).
(3.) Learned counsel appearing for the opposite party no. 2 argued that on the basis of verification and investigation it has been clearly found that the applicant was involved in earning illegal money from the illegal distribution of the coal. Order passed by the Lucknow Bench of this Court regarding criminal case for the same subject matter pending before the C.B.I. court is not barred to initiate the criminal proceedings under the Act. It was further argued that since the applicant has earned near about Rs. 6 crores and there is sufficient evidence to substantiate the charge hence the applicant is not entitled to be released on bail. Proceedings under the Act and in the general Law are different and both can continue separately(independently).;