Punj Kumar Singh Vs Union of India (Patna High Court)
Patna High Court allowed bail application in illegal mining matter as twin conditions under section 45 of the Prevention of Money Laundering Act, 2002 [PMLA Act] satisfied and also petitioner already undergone nearly 12 months of incarceration. Accordingly, bail application allowed.
Facts- The petitioner seeks bail in connection with Special Trial (PMLA) registered for the offences under Section 3 and punishable under Section 4 of the Prevention of Money Laundering Act, 2002.
The allegation as per ECIR and addendum ECIRs against the accused persons was allegedly engaging in illegal mining and selling sand without issuance of e-transit challans and causing revenue loss to the government. It was alleged in the ECIR that the suspects in pursuance of criminal conspiracy hatched and indulged in the activity related with the offence of money laundering as defined u/s. 3 and punishable u/s. 4 of the PMLA Act, where it is suspected that petitioner along with other co-accused persons generated and acquired proceeds of crime by commission of scheduled offences punishable u/s. 411, 420 and 120B of the Indian Penal Code, 1960. It is alleged that investigation in ECIR was initiated against six accused persons namely, Broadson, Mithilesh Kumar Singh, Baban Singh, Surender Kumar Jindal, Radha Charan Sah and Kanhaiya Prasad.
