PATNA, India, Feb. 17 -- Patna High Court issued the following judgment on Jan. 16:

1. Heard Mr. Prashant Kashyap, learned counsel for the petitioner, Dr. K.N. Singh, learned Additional Solicitor General of India and Mr. Prabhat Kumar Singh, learned retained counsel for the Enforcement Directorate.

2. The present application has been moved on behalf of the petitioner seeking regular bail in connection with Special Trial (P.M.L.A.) Case No.12 of 2023, arising out of E.C.I.R. No. PTZO/27/2023 dated 17.10.2023 registered for the offence under section 4 of the Prevention of Money Laundering Act, 2002, pending before the Court of learned Sessions Judgecum- Special Judge (PMLA), Patna.

3. The prosecution case in brief is that an information was received from NCB-Ireland alleging therein that cyber fraud was committed on 07.12.2021 with one Ms. Carmel Fox, an Irish National, to the tune of 950 Euros (Rs.84,941.40) received by the A.D., NCB, India (C.B.I.). It is alleged that Ms. Carmel Fox received a call from a Mobile No. 08339852316 identifying herself as Stephanie from Eircom Technological Service and asked her about her broadband connection and said that a refund of 250 Euros is due and asked her bank account details, to which Ms. Carmel Fox provided the information. It is further alleged that as per information provided by the NCB Ireland that Nitesh Kumar (petitioner) allegedly transferred an amount of 950 Euros from the credit card of Ms. Carmel Fox to a rewire bank account which was further transferred to M/s. Leconix Business Centre Pvt. Ltd. having its registered office at Kolkata. It is further alleged that during investigation, it was found that the petitioner and Sk. Lutfur Rehman are the Directors of the Company which was incorporated on 26.11.2020. It was revealed that M/s Leconix Business Centre Pvt. Ltd has financial transactions with M/s Scrapix Consultancy Services Pvt. Ltd., of which Sagar Yadav and Prativa Yadav are the directors. It is stated that co-accused Sagar Yadav was the beneficial owner of M/s Leconix Business Centre and Nitesh Kumar (petitioner) was his associate and was working with them.

3.1. It is also the case of the prosecution that a search operation was carried out in the premises of co-accused Sagar Yadav situated at Kolkata and Kharagpur. Later on, Sagar Yadav, his associate Santosh Kumar and Robin Kumar Yadav were arrested.

3.2. It is alleged that during investigation, it was found that the petitioner was an associate of the co-accused Robin Yadav and was involved in running fake call centres for committing cyber fraud with foreign nationals.

3.3. It is further the case of the prosecution that the petitioner had arranged several bank accounts for receiving, layering and laundering the Proceeds of Crime in lieu of commission received from the co-accused Robin Kumar. It is also alleged that the petitioner had provided the signed copies of Aadhar Card, PAN card and photographs to accused Sagar Yadav for incorporating a shell company used for receiving Proceeds of Crime and further layering and laundering. Investigation has further revealed that out of the several bank accounts arranged by the petitioner, two of such bank accounts have received the proceeds of crime to the tune of Rs.19.31 Lakhs and Rs.19.53 Lakhs as foreign remittance. Further, it is the case of the prosecution that the petitioner had been operating his bank accounts in consultation with other co-accused persons and the petitioner used to withdraw Proceeds of Crime in cash and was in regular touch with Robin Kumar Yadav and Santosh Kumar. Apart from his own accounts, the petitioner has also arranged 7 to 8 bank accounts and provided the same to coaccused Robin Kumar Yadav for payment in lieu of some commission.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NiM1ODM3MSMyMDI1IzEjTg==-gurObJpYJCo=)

Disclaimer: Curated by HT Syndication.