Md. Intekhab Alam and Another Vs Assistant Director (Orissa High Court)
Orissa High Court held that money recovered from the petitioner constitutes ‘proceeds of crime’ unless the same is disproved at trial. Accordingly, proceedings under Prevention of Money Laundering Act, 2002 [PMLA] upheld.
Facts- The present petition u/s. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed seeking quashing of the order of cognizance dated 03.12.2020 passed by the learned CBI-I cum-Special Judge (PMLA), Bhubaneswar, now in the Court of the learned Sessions Judge, Khurda at Bhubaneswar, as well as the consequential proceedings pending in Criminal Misc. Case.
The case arises out of allegations of illegal mining operations by M/s. Serajuddin & Co. (Petitioner No.2), a partnership firm comprising seven partners, including Md. Mofazzalur Rehman (since deceased) and Md. Intekhab Alam (Petitioner No.1).
Conclusion- Moreover, quashing of PMLA proceedings at this stage would create an anomalous situation because, in the event, it is proved in the course of trial that the proceeds of crime has been generated through the schedule offence for which the trial is pending qua other co-accused person, for the reasons that illegal mining activities have been conducted in the name of the Petitioner No.2, which is the precise reasons for quashing of the proceedings against the Petitioner No.1 by this Court vide order dated 23.09.2022 passed in CRLMC.
