Charge of money used being obtained by fraudulent means cannot be pardoned before full-fledged trial

Mili Ghosh Vs Union of India (Calcutta High Court)

Calcutta High Court held that charges under section 24 of the Prevention of Money Laundering Act, 2002 towards any knowledge of committing crime of the money used is obtained by fraudulent means cannot be pardoned before a full-fledged trial.

Facts- These are applications u/s. 397/401 read with Section 482 of the Code of Criminal Procedure, inter alia, praying for setting aside the impugned order dated 19.09.20 18 passed by the learned Judge, Special (CBI) Court No. 1, Bichar Bhawan Calcutta u/s. 45 read with Section 3 and Section 4 of the Prevention of Money Laundering Act, 2002 (State versus Gopinath Das and Ors.) and the impugned order dated 19.09.2018 passed by the said Court under similar provisions, respectively, wherein the petitioner’s applications for discharge from the said cases were rejected.

Notably, the two letters of complaint lodged with the CBI, by the officials of the State Bank of India and the Oriental Bank of Commerce. It was alleged that one Mr Gopinath Das, the proprietor of M/s Hindustan International had allegedly entered into a criminal conspiracy with some persons and in furtherance to the said conspiracy had prepared forged and fabricated documents were then submitted to the banks as a result of which a sum of Rs. 12,28,22,463/- was allegedly misappropriated from the State Bank of India and a sum of Rs. 6.76 crores was allegedly misappropriated from the Oriental Bank of Commerce.

Subsequently, on the basis of the letters of complaint as above referred, a case was registered by the CBI, an investigation was carried out and ultimately a charge-sheet was filed before the learned Judge, 3rd Special (CBI) Court, Calcutta.

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