Mohammad Kashif Vs Directorate Enforcement (Allahabad High Court)
Allahabad High Court rejected the bail application of applicant offended under the Prevention of Money Laundering Act, 2002 (PMLA) involved in extortion of money from people for getting their works done from Government Department by impersonating himself as a close associate of Ministers of Government of India.
Facts- An ECIR was registered on 19.04.2023 by the opposite party/Enforcement Directorate on the basis of an F.I.R. lodged as Case Crime No. 0210 of 2023, u/s. 419, 420, 467, 468, 469, 471 I.P.C. and Section 66D of the Information Technology Act, 2000 on 19.04.2023 against the applicant Mohammad Kashif alleging therein that an information was received that the accused was involved in extortion of money from people for getting their works done from Government Department by impersonating himself as a close associate of Ministers of Government of India. The offences u/s. 419, 420, 467 and 471 of Indian Penal Code, 1860 are covered under the definition of schedule offences as per Sections 2(1)(x) and 2(1)(y) of the Prevention of Money Laundering Act, 2002 (PMLA). Thus the money collected by the accused due to his criminal activities related to the schedule offences are Proceeds Of Crime as per Section 2(1) (u) of PMLA, 2002. A prima facie case of money laundering u/s. 3 of Prevention of Money Laundering Act, 2002 punishable u/s. 4 of the said Act appears to have been made out. The present is the bail application filed by the applicant.
