RADHE SHYAM Vs. STATE OF TELANGANA AND ANOTHER

JUDGEMENT

(1.) The present Criminal Petition is filed under Section 482 Cr.P.C. questioning the order, dated 26.07.2019, passed in Crl.M.P.No.3226 of 2019 in F.No.ECIR/HYZO/10/2019 on the file of the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar.

(2.) The brief facts of the case are that the Police, Kukatpally registered a case in Crime No.710 of 2018 against the petitioner/2nd respondent/accused under Section 420 IPC and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 25 (1B) of the Arms Act and the same is pending for investigation. Basing on the said F.I.R., the 2nd respondent-Enforcement Department investigating into the said case under the Prevention of Money-Laundering Act, 2002 (for brevity 'the PML Act') in File No.ECIR/HYZO/10/2019 opened on 20.03.2019. During the course of investigation, it is found that the petitioner cheated about 60 lakh persons and collected an amount of Rs.3,000 crores on the pretext of investment in M/s. Future Maker Life Care Private Limited and other entities controlled by him viz. M/s. FMLC Global Marketing private Limited, M/s. Fair Deal Import and Export Division, M/s. Mukul Corporation, M/s. Sahil Corporation, M/s. Muskaan Enterprises, M/s. Sahyog Tours and Travels Private Limited, M/s. Future Charitable Trust (Mother Rasoi), M/s. Sky Touch Corporation private Limited, M/s. Sky Touch Marketing and Developers India Limited, M/s. Priyanka Enterprises etc., and failed to return the invested amount to the depositors. There are no actual business activities in respect of M/s. Future Maker Life Care Private Limited that can earn profits and give returns to its customers. Further, the petitioner and others have diverted the amounts deposited by the depositors to their personal accounts through their company bank accounts for wrongful gain and amassed huge movable and immovable assets by utilizing the said money. For carrying out these activities, bank accounts in different banks in India were opened in the name of the petitioner and connected entities/persons, related to the petitioner and the said information was gathered from the preliminary investigation by the Enforcement Directorate. As the investigation is at the initial stage; huge amounts and number of innocent victims were involved, the detailed statement of the suspect is needed to complete the investigation. The petitioner, who is presently lodged in Hissar Central Jail as an under trial prisoner, in connection with Crime No.358 of 2018 of Sadar Fatehabad Police Station, Haryana, and Crime No.859 of 2018 of Hisar City Police Station, Haryana, is one of the main perpetrators of the scam. Hence, interrogation of the petitioner/accused is necessary for eliciting the truth to obtain the following information, which would be useful for completion of investigation under the PML Act.

(3.) Since the petitioner/accused is in judicial custody, the 2nd respondent-Enforcement Department filed an application under Section 267 Cr.P.C. read with Section 50 of PML Act to direct the concerned authorities to produce the petitioner in F.No.ECIR/HYZO/10/2019 so as to enable the 2nd respondent/ Enforcement Department to proceed further in investigating the case. After considering the entire material available on record and the submissions advanced by the learned Counsel appearing on either side, the learned Metropolitan Sessions Judge, allowed the said petition. Challenging the same, the petitioner/accused preferred the present Criminal Petition.