BINDESHWAR GANJHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The genesis of this complaint is based on F.I.R. bearing No.02/2016 dtd. 11/1/2016 registered on Tandwa P.S. Chatra District Chatra for the offence under Ss. 414/120-B read with 420/384/386 and 387 of the Indian Penal Code and Sec. 25 (1-B) (a), 26 and 35 of Arms Act, 1959 and Sec. 17 (1) (2) of Criminal Law Act wherein Superintendent of Police, Chatra had received secret information from reliable sources that some people have formed a committee in Amarpali and Magadh Coal Area, Tandwa connected with T.P.C. (Tritiya Prastuti Committee), an organization of terrorist gang declared unlawful association by the Govt. of Jharkhand and members of this Committee namely Shri Gopal Singh Bhokta @ Brajesh Ganghu, Shri Munesh Ganghu, Shree Kohram Jee, Shri Aakraman Jee @ Rabindra Ganjhu, Shri Anishchay Ganjhu, Shri Dipu Singh @ Bhikhan, Shri Bindeshwar Ganghu @ Bindu Ganghu and Shri Bhikhan Ganghu used to extort levy from the contractor, Transporters, Delivery Order Holders and Coal Merchants and hand over the same to T.P.C. organization. In case of non-payment of levy, they used to threaten them with dire consequences. For verification of secret information, a team of police officials was constituted and raid was conducted by the team at the house of Binod Kumar Ganjhu on 11/1/2016 and recovered cash of Rs.91,75,890.00 and two mobile phones and Munesh Ganjhu and Birbal Ganjhu were also found in suspicious conditions and from their possession one loaded Mouzer Pistol and one country made pistol and two live cartridges of caliber were recovered from Birbal Ganghu and from Mukesh Ganjhu respectively and they disclosed that they had connection with T.P.C. extremist organization and Binod Kumar Ganjhu also disclosed that he was working for T.P.C. as Chairman and after collecting the levy amount, the same was distributed among them. On disclosure being made by Binod Kumar Ganghu, house of Pradeep Ram was also raided and a sum of Rs.57,57,710.00 was recovered. Accordingly, F.I.R. bearing No.02/2016 was lodged by S.I. Ramdhari Singh of Simaria Police Station. Charge-sheet bearing No.17/16 was filed on 10/3/2016 before the Court of C.J.M., Chatra against Binod Kumar Ganjhu, Pradeep Ram, Munesh Ganjhu, Birbal Ganghu and Bindeshwar Ganjhu @ Binod Ganjhu under Ss. 414/384/386/387 and 120-B of IPC, 1860, 25 (1-B) A, 26 and 35 of the Arms Act and 17 (1) (2) of Criminal Law Amendment Act. Since the matter in regard to the recovery of cash to the tune of Rs.1,49,33,610.00 on account of extortion and destructive activity also and other incriminating materials from Maoist cadre, who were actively involved in destructive activities against the State, the matter was handed over to National Investigation Agency for further investigation. Accordingly, Tandwa P.S.No. 02/2016 dtd. 11/1/2016 was re-registered as N.I.A. Case No. RC-06/2018/NIA/DLI dtd. 16/2/2018 under Ss. 414/384/386/387/120B of the IPC, Sec. 25(1-B) a, 26,35 of the Arms Act and 17 (1) (2) of the Criminal Law Amendment Act and 16,17,20 and 23 of the Unlawful Activities (Prevention) Act, 1967 and the NIA has submitted supplementary charge-sheet against aforesaid accused vide 32/2018 dtd. 21/12/2018 and second supplementary charge-sheet vide 32A/2018 dtd. 10/1/2020.

(2.) Since the offence under Sec. 120-B read with 386 and 387 of Indian Penal Code, Sec. 25 and 26 of Arms Act, 1959 are specified in part A of the schedule to the PML Act,2002 read with Sec. 2 (1) (x) and (y) of the said Act as schedule offence and money recovered from levy was a tainted property projected by the accused persons as untainted property, the Directorate of Enforcement also commenced simultaneous investigation after registering the complaint case as Enforcement Case Information Report (ECIR) No. RNSZO/02/2016 dtd. 15/9/2016 and filed the aforesaid complaint case against the aforesaid accused persons for their prosecution.

(3.) The brief facts of the charge levelled, allegations made in the complaint under PMLA, 2002 are that Binod Kumar Ganjhu, Pradeep Ram and Bindeshwar Ganjhu were the members of the Tritiya Prastuti Committee working in Magadh Amarpali area which is unlawful association/Terrorist Gang. They used to extort levy from local contractors and hand over to the same to TPC members. For the said purpose a committee was formed in the name of the "SHANTI SAH SANCHALAN SAMITI" for each village namely Winglat, Honhe, Kumrang Khurd, Kumrangkala and Udsu having 7 members from each village wherein Bindeshwar Ganjhu @ Bindu Ganjhu was president of Honhe village. The overall responsibility of the committee was given to Bindeshwar Ganjhu @ Bindu Ganjhu. Binod Kumar Ganjhu and Bindeshwar Ganjhu @ Bindu Ganjhu used to hand over the levy amount to Akarman Ji @ Ravinder Ganjhu who was the regional commander in T.P.C. having specified areas including Tandwa, Magadh Amarpali. In the absence of Binod Kumar Ganjhu and Bindeshwar Ganjhu @ Bindu Ganjhu, Pradeep Ram worked on behalf of Bindeshwar Ganjhu @ Bindu Ganjhu and collected levy for TPC and committee. During investigation, it was also revealed that Binod Kumar Ganjhu, Proprietor of M/s Bhogta Constructions and Pradeep Ram proprietor of M/s Pradeep Traders also used to transport the coal on behalf of other transporters and collect the levy amount through the accounts of M/s Bhogta Constructions and M/s Pradeep Traders respectively. Likewise Bindeshwar Ganjhu @ Bindu Ganjhu was also Director of M/s Maa Gange Coal Traders Ltd. Registered address H No-11, Honhe village Honhe, P.S. Tandwa, Dist. Chatra, Jharkhand.