Absence of Direct Evidence of Illegal Land Acquisition: Jharkhand HC Grants PMLA Bail

Hemant Soren Vs Directorate of Enforcement (Jharkhand High Court)

Summary: The Jharkhand High Court, in Sri Hemant Soren Vs Directorate of Enforcement, granted bail to former Jharkhand Chief Minister Hemant Soren in proceedings under the Prevention of Money Laundering Act, 2002, arising from allegations concerning approximately 8.86 acres of land situated at Shanti Nagar, Baragain, Ranchi. Justice Rongon Mukhopadhyay examined the prosecution complaint, supplementary prosecution complaint, revenue records, statements recorded under Section 50 of the PMLA and the competing submissions. The Court concluded that, on broad probabilities, the evidence did not specifically or indirectly establish the petitioner’s involvement in the acquisition, possession or concealment of the disputed property as proceeds of crime. Consequently, the Court found that the statutory conditions for bail under Section 45 were satisfied.

The Enforcement Directorate alleged that a land-grabbing syndicate, involving private individuals and government officials, had manipulated revenue registers, fabricated documents and facilitated fraudulent acquisition of land. During searches connected with the investigation, seventeen original revenue registers and extensive property documents were reportedly recovered from Bhanu Pratap Prasad, a revenue official. The agency alleged that the petitioner had illegally acquired and continuously possessed 8.86 acres of land since approximately 2010–11. It relied upon witness statements, survey proceedings, an image recovered from Bhanu Pratap Prasad’s mobile phone, and a proposed banquet hall plan allegedly connected with the property.