ANIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Sec. 439 of the Cr.P.C., applicant/accused in Special Trial (PMLA) No.07 of 2021 dtd. 1/11/2021 arising out of ECIR No. PTZO/08/2014 dtd. 13/5/2014 and ECIR No. PTZO/07/2021 dtd. 13/9/2021 pending on the file of the learned Special Judge, Patna for the offences punishable under Sec. 3, punishable under Sec. 4 and Paragraph 1 of Part "A" of the Schedule to the Prevention of Money Laundering Act, 2002 (PLMA for the sake of convenience), is seeking his release on bail during pencendy of the trial.

(2.) Heard the learned counsel appearing for the ap- plicant/accused at sufficient length of time. By taking me through the predicate offences leading to the registration of both the ECIR, it is argued that all the three schedule offences/ predicate offences vide FIR Nos. 30 of 2013, 52 of 2013 and 311 of 2011 have ultimately yielded in acquittal of the applicant/accused by the competent criminal court. In fact the applicant is a reputed Builder, who has constructed approximately 300 flats and the commercial dispute ultimately arose in respect of few of those flats which subsequently culminated into registration of the criminal cases due to filing of the FIR's. All those criminal cases resulted in acquittal of the applicant/accused. The commercial dispute were compromised between the parties by either return of the deposits or registration of the property after receipt of the balance amount of consideration.

(3.) It is further argued by the learned Senior counsel appearing for the applicant/accused that in respect of FIR Nos. 30/2013, 52/2013 and 311/2011, there is no investigation under the PLMA and there cannot be any proceeds of crime in respect of those three offences which ultimately yielded in acquittal of the applicant even prior to his arrest in the subject criminal case under the PLMA. On 7/9/2021 when the applicant came to be arrested, no schedule offence existed and only ECIR was registered vide ECIR No. PTZO 08/2014 on 13/5/2014. Therefore, arrest of the applicant on 7/9/2021 was illegal. It is further argued that post amendment of Sec. 24 in 2013, Sec- tion 24 of the PLMA is applicable only after framing of charges and therefore, arrest of the applicant on 7/9/2021 is illegal.