The Orissa High Court recently observed that the police is not authorized to investigate matter unless being specially permitted under the Prevention of Money Laundering Act, 2002 (PMLA).
The bail applications are filed under Section 439 of Cr.P.C. by the petitioners, Gangadhar Chhatria and two others, for grant of bail in connection with the case pending in the file of J.M.F.C., Binka, for commission of offences punishable under Sections 420/34 of IPC read with Section 4 and 5 of P.C. & M.S. (Banning) Act and Section 4 of Money Laundering Act, on the allegation of cheating Rs.39,50,000/- (Rupees Thirty-nine Lakhs Fifty Thousand) from the informant and some five to six others of village Silati, along with co-accused persons.
In the course of hearing of both the bail applications, S.R. Sahoo, Additional Standing Counsel (ASC) submitted that there was no such investment found to connect with the fact in issue with regard to purchase of land, purchase of motorcycle and others after the occurrence, but even after taking adjournments and the ASC could not apprise the Court about the criminal proclivity of the petitioners in, despite being directed to obtain the same by order.
The petitioners submitted that although the petitioners have been detained in custody since 25.11.2022, but they have been falsely implicated in this case and the materials on record do not disclose their direct involvement in this case. It was also submitted that the petitioner is a lady and as such, she is entitled to bail, in view of the first proviso to Section 437 of Cr.P.C.
A Single Bench of the Orissa High Court of Justice G Satapathy observed that “Albeit, it appears to the Court from the certified copy of the charge-sheet produced in this case that the I.O. has submitted charge-sheet under Section 4 of Prevention of Money Laundering Act (PMLA), but as per the provision of PMLA, police is neither authorized to investigate the matter unless being specially permitted nor a police officer can submit a complaint before the Special Court under PMLA.”
Hence, both the bail applications of the petitioners were allowed and the petitioners were allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
