The Chattisgarh High Court rejected the bail application against an offence registered under the Prevention of Money Laundering Act, 2002 and the Prevention of Corruption Act, 1988. The court’s rejection was due the the material evidence which shows active involvement of accused in the crime.
The bail application was filed by the applicant , Mr. Laxmikant Tiwari, who has been arrested on 11.06.2024 in connection with Crime registered at Police Station- Anti Corruption Bureau/ Economic Offence Wing for the offence punishable under Sections 420, 120-B, 384 of IPC and Sections 7, 7-A, 12 of the Prevention of Corruption Act, 1988.
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One Mr. Sandeep Ahuja, Deputy Director, Directorate of Enforcement, Raipur through Mr. Farhan Qureshi, Deputy Superintendent of Police lodged a complaint before the Director General of Police Anti Corruption Bureau & Economic Offences Wing, Chhattisgarh pertaining to predicate offence discovered during money laundering in investigation File done under Section 66(2) of the Prevention of Money Laundering Act, 2002 (“the PMLA”).
A syndicate comprised of private individuals and other State Government functionaries like Smt. Saumya Chaurasia, Director, Geology & Mining Department and with the backing of some political executives, they managed to make deliberate policy changes. As part of the well-planned conspiracy, the applicant with the active support of the politicians & some of the senior State Government functionaries, managed to influence the then Director of Geology & Mining, and got issued a Government Order dated 15.07.2020 which became the fountain head of this extortion system by converting the online system of issuance of Transport Permits into a manual system.
The investigation conducted by the Enforcement Directorate revealed that other senior bureaucrats viz., Smt. Saumya Chaurasia and Smt. Ranu Sahu, IAS were also involved in this conspiracy and were providing assistance to the applicant in running the extortion racket. Smt. Soumya Chourasiya while working as Deputy Secretary in the office of Chief Minister, had assisted the applicant and his associates in collecting the extortion money by posting pliable officers of mining department in the coal mining areas. By this system of extortion, a huge amount of cash started accumulating with the syndicate and with this money, the applicant has purchased benami assets and a huge amount of money was transferred to the applicant, spent on political funding and transferred as per the instructions of higher powers.
The applicant is uncle of Suryakant Tiwari and he used to keep the money received from illegal coal levy by Suryakant Tiwari and syndicate at his residence as per the instructions of Suryakant Tiwari and also used to deliver the share of
illegal levy to bureaucrats and political persons on instructions of Suryakant Tiwari. Suryakant Tiwari has invested crores of rupees in illegal immovable properties in applicant’s name and his family members from the amount collected by illegal coal levy.
After the raid conducted by the Income Tax Department, the immovable properties purchased by the applicant in his own name as well as names of his family members were sold. In the search operation conducted by the Income Tax Department at the residence of Laxmikant Tiwari on 30.06.2022, approximately Rs. 6,44,38,000/- in cash and gold jewellery worth Rs. 3,24,61,655/-were seized. Similarly, Rs. 52,35,000/- in cash was also recovered by the Income Tax Department from locker No. 64 of Laxmikant Tiwari and his wife Mrs. Sunita Tiwari located in Punjab National Bank, Mahasamund.
The applicant accepted that the said amount and jewellery belonged to Suryakant Tiwari, thus, he has earned illegal benefits by participating in the criminal conspiracy of Suryakant Tiwari and helping the illegal coal levy collection syndicate.
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The applicant was involved in handling the money of coal extortion and Suryakant Tiwari has purchased a lot of immovable properties in applicant’s name and his son Utkarsh Tiwari and his wife Sunita Tiwari. A large amount of cash has been paid in purchase of these lands. The applicant is a partner in firm M/s Jai Maa Bhadrakai Developers and his son Utkarsh Tiwari is also a partner in Maharaj Mordhwaj Mega Projects. Rs 1.5 crore related to coal levy which was seized from Badal Singh Makkar was given by Laxmikant Tiwari to Badal Singh Makkar to keep safe.
The applicant submitted that he is innocent and has been falsely implicated in the crime in question. Further submitted that the applicant is aged about 62 years and he has been diagnosed with diabetes and with Branch Retinal Vein Occlusion along with Cystoid Macular Edema in his right eye and Moderate Non-Proliferative Diabetic Retinopathy in his left eye, which in turn caused loss of vision, during a medical examination conducted by the Raipur Central Jail. Because of the said disease there is swelling in center of the retina which causes loss of vision. As a result of such ailments, the applicant is in constant need of treatment, medical care and attention.
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The court found that the applicant has nowhere stated in the bail petition regarding source of amount i.e. Rs. 6,44,38,000/- cash seized by the Income Tax, gold jewellery worth Rs. 3,24,61,655/- as also Rs. 52,35,000/- which was recovered from applicant’s and his wife locker which clearly shows that the ACB/EOW has collected certain material against the applicant.
Considering the material evidence which shows the active involvement of applicant with the offence, the single bench of Justice Narendra Kumar Vyas viewed hat it is not a fit case where the applicant should be granted regular bail. The court rejected the instant bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
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