UNION OF INDIA Vs. KANHAIYA PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-Union of India through the Enforcement Directorate has challenged the legality of the impugned judgment and order dtd. 6/5/2024 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 17738/2024, whereby the High Court had allowed the said petition and released the respondent Kanhaiya Prasad on bail, in connection with the Special Trial (PMLA) Case No. 8 of 2023 arising out of ECIR No. PTZO/14/2023.

(3.) As per the case of the appellant-ED, some 20 FIRs were registered at the various Police Stations at Patna, Saran and Bhojpur Districts under Ss. 38, 120B, 378, 379, 406, 409, 411, 420, 467, 468 and 471 of IPC, and under Sec. 39(3) of the Bihar Mineral, (Concession, Prevention of Illegal Mining, Transportation & Storage) Rule, 2019. It was alleged inter alia that M/s Broad Son Commodities Private Ltd and its Directors were engaged in illegal mining and selling of sand without using the departmental pre-paid transportation E-challan, issued by the Mining Authority Bihar, and thus had caused revenue loss of Rs.161,15,61,164.00 to the Government Exchequer. Since the said FIRs contained Scheduled offences as defined under Sec. 2(1)(y) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the 'PMLA'), an ECIR bearing No. ECIR/PTZO/14/2023 dtd. 15/3/2023, addendum ECIR No. ECIR/PTZO/14/2023 dtd. 8/11/2023 and dtd. 4/5/2024 came to be registered, and the investigation for the offences of Money Laundering was initiated.