SUSAN THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The 3rd accused in S.C. No.542/2020 on the files of the Special Court (CBI), Ernakulam, has filed this Criminal Miscellaneous Case, under Sec. 482 of the Code of Criminal Procedure, 1973, seeking to set aside the common order dtd. 22/7/2022 in Crl.M.P. Nos. 6 and 405 of 2021 in the above case and to remove the 3rd accused as the representative of the 1st accused company.

(2.) Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the Directorate of Enforcement (ED). Perused the documents and decisions placed by the learned counsel for the petitioner.

(3.) In this matter, the prosecution case is that, the 1st accused, M/s. Al Zarafa Travels and Manpower Consultations is a private limited company and the 1st and 2nd accused are Managing Director and Director of the company respectively. The 1st accused company was involved in recruitment of manpower. Initially, the 2nd accused was controlling the affairs of the company. Later, he made his wife, the 2nd accused, as the Director of the Company and made one Renny Eapen, who was an employee of the Company, as a second Director and withdrew his Directorship from the Company. During the period from December, 2014 to March, 2015, accused Nos.2 and 3, who were carrying out the affairs of the company, cheated nursing aspirants, dishonestly and illegally, as the outcome of criminal conspiracy hatched between them, collected huge sum of money from nursing aspirants and about Rs.100.00 Crores was transferred via illegal hawala channels to Dubai. It is alleged further that, the 2nd accused was the kingpin of the scam and the 3rd accused, who was the then Director of the Company knowingly assisted the 2nd accused in generating proceeds of crime, its concealment and transfer of money. On this premise, the prosecution alleges commission of offences punishable under Sec. 420 read with 120B of the Indian Penal Code, under Ss. 13(2) read with 13(1)(d) of the Prevention of Corruption Act [hereinafter referred as the 'P.C. Act' for short] and under Ss. 24 read with 25 of the Emigration Act, 1983 and under Ss. 3 read with 4 of the Prevention of Money-Laundering Act, 2002 [hereinafter referred as the 'PMLA Act' for short].