SADANAND GANGARAM KADAM Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This is an application for bail by the applicant who is accused No.1 in ECIR/MBZO-I/57/2022 (hereafter 'ECIR' for short) for which Special Case No. 634 of 2023 is filed before the Special Court designated under the Prevention of Money-Laundering Act, 2002 (hereafter 'PMLA' for short) against the applicant and other accused for offence under Sec. 3 punishable under Sec. 4 of the PMLA. The facts relevant to a decision of this application are thus:

(2.) On 20/06/2011, one Shri Vibhas Rajan Sathe purchased Gat No. 446 at Dapoli, Ratnagiri. Mr. Sathe made an application to the Sub-Divisional Officer on 21/07/2017 for conversion of the said land to nonagricultural ('NA' for short) use and for building permission. The NA permission and building permission was granted on 12/09/2017. Shri Sathe sold the said land to Shri Anil Parab on 19/06/2019 under a duly registered sale deed for the consideration paid by cheque/bank transfer. It is alleged that to conceal the identity of Shri Anil Parab, the sale deed was executed in 2019 though the transaction took place in 2017. All permissions were at the behest of Shri Anil Parab. Since 2017, Shri Sathe was only a front. It is alleged that the applicant was organising all this. Shri Anil Parab sold the said land to the applicant under a duly registered sale deed for consideration paid by cheque/bank transfer on 29/12/2020. This was done to avoid public attention as per the allegation. A notice under the Maharashtra Regional and Town Planning Act (MRTP Act) was issued on 22/06/2021 to the construction made on the land which was in the nature of twin bungalows converted into a resort. Suit No. 57 of 2021 was filed before the Civil Judge, Khed where an injunction was granted.

(3.) The Ministry of Environment and Forests (hereafter 'MoEF' for short) filed a private complaint RCC/12/2022 before the JMFC, Dapoli under Ss. 5, 7 read with 15 of the Environment (Protection) Act, 1986 (hereafter 'EP Act' for short) and Ss. 420 read with 34 of the Indian Penal Code, 1860 (hereafter 'IPC' for short). Treating the above private complaint as a predicate offence, respondent registered the ECIR. The statement of the applicant was recorded by the Directorate of Enforcement (hereafter 'ED' for short) on 26/05/2022 and 27/05/2022. The JMFC, Dapoli directed the investigation by Dapoli Police Station under Sec. 202 of the Code of Criminal Procedure (hereafter 'Cr.P.C.' for short) on 14/09/2022. A report was filed and the matter was proceeded on 09/11/2022 before the JMFC, Dapoli for orders on the private complaint of MoEF.