R.R. Prasad, J. - (1.) HEARD Mr. Y.V. Giri, learned Sr. Counsel appearing for the Petitioner and Mr. A.K. Das, learned Counsel appearing for the Directorate of Enforcement.
(2.) THIS application has been filed for grant of bail in connection with Complaint Case arising out of E.C.IR./02/PAT/09/AD registered under Section 4 of the Prevention of Money Laundering Act, 2002. Learned Counsel appearing for the Petitioner submits that on the basis of complaint lodged by one Rajeev Sharma, a Vigilance P.S. case No. 9 of 2009 was registered under Sections 409, 423, 424, 465 and 120B of the Indian Penal Code against Madhu Koda, Ex. Chief Minister, Kamlesh Singh, Bandhu Tirkey and Bhanu Pratap Sahi, Ex. Ministers. Subsequently, the C.B.I under the order of this Court took up the investigation and registered a case as R.C. No. 58 of 2009. After investigation of the case, the C.B.I submitted charge sheet against Madhu Koda, Vinod Kumar Sinha and Sanjay Choudhary under Section 120B of the Indian Penal Code as well as Sections 9 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 on the charge that Madhu Koda, the then Chief Minister and also the Mines Minister on being influenced by the co -accused, Binod Kumar Sinha and Sanjay Choudhary granted mining lease by abusing his official position to M/s. Coal Industries Pvt. Ltd and received illegal gratification to the tune of Rs. 7.65 crores. In course of investigation, the C.B.I did not find involvement of this Petitioner, who is a bullion merchant and is proprietor of M/s. Balaji Bulliion Bazar, a resident of Mumbai. At the same time, the Enforcement Directorate also lodged Enforcement Case Information Report (ECIR) No. 02 of 2009 under Sections 420, 423, 424 and 120B of the Indian Penal Code and also under Sections, 7, 10 and 13 of the Prevention of Corruption Act, 1988 against those persons who were charge sheeted by the C.B.I as well as some other persons but not against the Petitioner, still a complaint was lodged against this Petitioner by the Enforcement Directorate alleging therein that the accused persons such as, Vikash Kumar, Binod Kumar Sinha, and Sanjay Choudhary as well as Dhananjay Choudhary after collecting ill -gotten money from Madhu Koda invested it in the companies situated in India and also at abroad and this Petitioner played a major role in investment of all those ill -gotten money and that the Petitioner has had close nexus with the aforesaid accused persons, who laundered proceeds of crime and that the Petitioner entered into large number of financial transactions in projecting the ill -gotten money as untainted and bona fide transaction but that allegation is only for the sake of allegation whereas nothing has transpired to show that any proceed of crime obtained or derived directly or indirectly from the commission of schedule offence has been pocketed by this Petitioner and that it has been alleged that ill -gotten money has been invested in certain companies but it has not been established that the money invested in the companies mentioned in the complaint are proceeds of crime and as such, the Petitioner cannot be said to have committed any offence under the Prevention of Money Laundering Act, 2002.
(3.) IT was further submitted that the Petitioner has been alleged to have entered into the transactions of ill -gotten money worth Rs. 1020.96 crores and U.S. $ 1214994 but surprisingly, the C.B.I did find the proceeds of crime to the extent of only Rs. 7.65 crores and as such, the entire allegations made by the Enforcement Directorate get falsified.;