MISBAHUDDIN S. Vs. DIRECTORATE

JUDGEMENT

(1.) The petitioner-accused No.2 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in ECIR/BGZO/30/2020 by the Assistant Director, Directorate of Enforcement, Bengaluru, pending on the file of the Principal City Civil and Sessions Judge, Bengaluru, registered for the offences punishable under Ss. 3 and 4 of Prevention of Money Laundering Act (for short 'PMLA').

(2.) Brief facts of the case are that, the Assistant Director, Directorate of Enforcement filed the complaint before the Special Court at Bengaluru, under Ss. 44 and 45(1) of PMLA alleging commission of offence of money laundering as defined under Sec. 3 read with Sec. 70 punishable under Sec. 4 of PMLA. It is contended by the complainant that the Revenue Inspector, Tahsildar office at Yelahanka filed the first information on 7/9/2018 against M/s Injaz International and its associated group, alleging commission of offences under Sec. 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, under Sec. 420 of Indian Penal Code, 1860 and under Sec. 76 of Chit Funds Act, 1982 with Wilson Garden Police Station and FIR came to be registered in Crime No.157 of 2018 on 7/9/2018. The offence under Sec. 420 of IPC is the scheduled offence under PMLA.

(3.) It is stated that accused No.2 i.e., the petitioner was apprehended on 15/11/2022 after subjecting him for interrogation. It is specifically stated that no search and survey were conducted, no proceeds of crime have been attached, seized or frozen. However, it is stated that the further investigation is still in progress and the complainant reserves right to attach, freeze such proceeds of crime during further investigation. The complaint also discloses that the petitioner had appeared before the Investigating Officer on 6/12/2021, again on 15/11/2022 and his statements were recorded. Even after his apprehension his statements were recorded. Since prima facie materials were collected for commission of the offence of money laundering and for having proceeds of crime, the Enforcement Case Information Report (ECIR), was registered.