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news details
Court rejects bails in hawala case
6/19/2019 11:47:46 PM
Early Times Report
Jammu, June 19: A CBI court on Wednesday rejected bail applications of three persons arrested for money laundering and delivering the same to militant cadres in Kashmir Valley.
CBI Judge Srinagar, Mohan Singh Parihar, rejected the applications of P. Z. Irshad Ahmad Qureshi, Irshad Ahmad Hajjam and Firdous Iqbal Wani seeking their discharge of the offence under Section 3 punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (15 of 2003), hereinafter referred as PML Act.
The trio was arrested from Karan Nagar area of Srinagar on March 10, 2009 and some cash was recovered from their possession.
The complainant namely, Assistant Director, Directorate of Enforcement Government of India, Durrani House Rajbagh, Srinagar had filed a criminal complaint in the CBI court for prosecution of the trio accused of have committing offence under Section 3 punishable under Section 4 of the PML Act.
The Judge, after hearing both the sides, observed that "….facts disclose that the seized money of Rs 17,73,914 was acquired by three accused through illegal means and was proceeds of crime meant for strengthening militant cadres of Hizbul Mujahideen. From the material on the record, it appears that the money seized by police is the proceeds of crime which the accused had attempted to distribute among the militant cadres. All the three accused have claimed that the money seized is not the proceeds of crime and is untainted money. So in a money laundering case the burden is upon the accused in terms of Section 24 of the Act, to prove that the money recovered and seized from them was neither proceeds of crime nor untainted money. The complainant is duly authorized to file the complaint in this court for the prosecution of accused and the cognizance taken by this court for offence under Section 4 of the PML Act."
"In my opinion there is prima-facie sufficient material against the accused to presume that the accused have committed offence of money laundering under Section 3 punishable under Section 4 of PML Act and the accused are liable to be charged under said Section. The application filed by accused for discharge is without any merit, which is accordingly dismissed," the court observed.
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