VIJAY DEO JHA
Ranchi, Jan 13: The Jharkhand High Court order rejecting the bail petition of power broker Prem Prakash in illegal stone mining case has said that the prosecution story as explained by the Enforcement Directorate (ED) reminds one of a crime thriller.
“The prosecution story reminds one of a crime thriller, where the State withers and the crime cartels with political connections clash for natural resources of the State. At the centre of this human rapacity is Rajmahal Hills which runs through the districts of Sahibganj, Pakur and extending up to Dumka, and is famed for the black stone chips used as construction material,” the court of Justice Gautam Kumar Choudhary observed the above in its order.
The judgment has also come as a shot in the arm for the ED as the court of Justice Gautam Kumar Choudhary has stated that money laundering is an independent offence and it is not necessary for an accused to be named in the primary offence.
The ED charge-sheeted Prem Prakash in the illegal stone mining scam worth Rs 1000 Crore centered in Sahibganj. The investigation of the mining scam originated from the Barharwa toll plaza case which otherwise looked like a simple case of clash to control toll tax auction.
Not being a named accused in the first FIR of the predicate offense or getting a clean chit during the course of police investigation have been the main argument of the accused of the illegal mining case. Prem Prakash was arrested in August last year. The agency arrested Jharkhand chief minister Hemant Soren’s MLA representative Pankaj Mishra in July last year and also Bacchu Yadav. In November last year, the ED had questioned Hemant Soren, his media advisor Abhishek Prasad alias Pintu in connection with the case.
The High court in the bail rejection order has observed that the law enforcement agencies are now confronted with a new species of crime in the form of money laundering, which necessitated the special Act.
“The law is evolving with different amendments and judicial pronouncements. These are not like conventional crime and the modus operandi involves three stages: (a) Placement: which is to move the funds from direct association of the crime. (b) Layering: which is disguising the trail to foil pursuit. (c) Integration: which is making the money available to the criminal from what seems to be legitimate sources,” the court order reads.
Prem Prakash contended that the ED could not establish any connection with Pankaj Mishra for the purpose of illegal mining. Besides, he claimed that his transactions with Sanjay Choudhary and Amit Agrawal was the part of the business which had nothing to do with the so-called illegal mining and transportation in Sahibganj. He said that the ED without any basis connected him with some companies involved in the illegal mining business. He was not even an accused in Barharwa toll plaza case lodged in June 2020.
The ED contended that Prem Prakash, Amit Agrawal and Pankaj Mishra were the instruments of the money laundering for the Jharkhand CM.
The court observed that two witnesses namely Ravi Kejriwal and Anil Jha have referred to the involvement of Prem Prakash. Besides, “huge cash transactions have been shown in the account of the company in the name of Prem Prakash, regarding which no plausible explanation was offered by him. The investigation revealed that the cash receipts amounting to Rs.5,65,17,000/- in Punjab National Bank Account No.21881132000179 of M/s Herbal Green Solutions Pvt. Ltd, and subsequent payments worth Rs.5,31,18,000/- to one company M/s Aurora Studio Pvt. Ltd., a company of Amit Agarwal, required to be satisfactorily answered by the petitioner, but he failed to do so.”
The court also took note of the fact that even two AK 47 rifles were seized from the house of Prem Prakash which are said to be of the security guards not posted in his place.
