KANHAIYA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present application has been filed for grant of regular bail to the petitioner in connection with Special Trial (PMLA) Case No. 08/2023, arising out of ECIR No. PTZO/14/2023 dtd. 15/3/2023, for offence punishable under Sec. 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred as "PMLA").

(2.) As per the case of the opposite party /Enforcement Directorate (for short "E.D."), some 20 F.I.Rs.were registered at the various Police Stations at Patna, Saran and Bhojpur Districts under Ss. 38, 120B, 378, 379, 406, 409, 411, 420, 467, 468 and 471 of IPC, and under Sec. 39(3) of the Bihar Mineral, (Concession, Prevention of Illegal Mining, Transportation and Storage) Rule, 2019. It was alleged inter alia that M/s Broad Son Commodities Private Ltd and its Directors were engaged in illegal mining and selling of sand without using the departmental pre-paid transportation E-challan, issued by the Mining Authority Bihar, and thus had caused revenue loss of Rs.161,15,61,164/- to the Government Exchequer. Since the said FIRs contained Scheduled offences as defined under Sec. 2(1)(y) of the PMLA, an ECIR bearing No. ECIR/PTZO/14/2023 dtd. 15/3/2023, addendum ECIR No. ECIR/PTZO/14/2023 dtd. 8/11/2023 and dtd. 4/5/2024 came to be registered, and the investigation for the offences of Money Laundering was initiated.

(3.) During the course of investigation and pursuant to the information made available, search operations were carried out under Sec. 17 of PMLA at the various locations and premises related with the said Company and its Directors, including four premises of Radha Charan Sah (father of the petitioner). During the course of inquiry, the statements of the petitioner-Kanhaiya Prasad, being son of the co-accused Radha Charan Sah came to be recorded on 1/9/2023 and 4/9/2023 under Sec. 50 of the PMLA.