SRIKRUSHNA PADHI Vs. ENFORCEMENT DIRECTORATE, GOVT. OF INDIA

JUDGEMENT

(1.) Present application has been filed under Sec. 439, Cr.P.C. praying to release the Petitioner on bail in connection with Crl. Misc. (PMLA) Case No34 of 2016 pending in the court of learned Sessions Judge-cum-Special Judge, Bhubaneswar.

(2.) The facts of the case reveal that, initially Kharavela Nagar P.S. Case No.44 of 2013 and 45 of 2013 were registered against Arthatatwa Group of Companies and others. Subsequently, Central Bureau of Investigation (CBI) took up investigation of the said cases along with other cases in pursuance to the directions issued by the Supreme Court of India. As such, SPE Case No.42 of 2014 (arising out of Kolkata CBI/SCB/RC/No.47/S/2014-Kol. dtd. 5/6/2014) has been registered alleging commission of offences under Sec. 120-B/294/341/406/409/420/467/468/471/506/34 of the Indian Penal Code and Ss. 3/4/5 of the Prize Cheat and Money Circulation Scheme (Banning) Act, 1976. Keeping in view the nature of allegations and as materials surfaced revealing commission of schedule offences under the Prevention of Money Laundering Act, 2002 (hereinafter "PML Act") the complaint under Sec. 45 was lodged before the learned Special Judge, Bhubaneswar which was registered as Crl. Misc. (PMLA) Case No.34 of 2016 and the learned Special Judge, Bhubaneswar by order dtd. 1/11/2016 took cognizance of the offences under Sec. 3 of the PML Act, punishable under Sec. 4 of the said Act. The present Petitioner is one amongst seven accused persons in the afore-stated case.

(3.) The allegations leveled against the Petitioner are that, he was the Director of Arthatatwa Infra India Pvt. Ltd. and also the Finance Manager of Arthatatwa Consultancy Pvt. Ltd. The Petitioner was looking after accounts related deposits collected from the public and thereafter depositing the cheques and supervising the works related to accounts, deposits, payments, etc. He being aware of all the financial transactions and collection of money from public with false promise of high returns was actively involved in commission of offences of Money Laundering with the principal accused Pradeep Kumar Sethy and enjoyed the proceeds of crime to his personal benefits.