6 months ago
3
A peculiar tribunal successful Ahmedabad has convicted a erstwhile Indian Administrative Service (IAS) serviceman Pradeep Nirankarnath Sharma connected charges of wealth laundering and sentenced him to 5 years’ imprisonment.
The accused had served arsenic District Collector, Bhuj (Kutch), and Chairman of the District Land Pricing Committee (DLPC) from May 2, 2003, to June 3, 2006.
The tribunal noted that arsenic DLPC chief, helium allegedly committed predicate offences by conniving with others to allot authorities onshore successful Varshmedi, a colony successful Taluka Anjar (Bhuj) to Welspun India Ltd. and its radical of companies. The accused allotted aggregate onshore parcels astatine rates ranging from ₹15 to ₹18 per quadrate metre, alternatively of the fixed authorities complaint of ₹78 per quadrate metre, thereby causing a nonaccomplishment of ₹1.2 crore to the exchequer.
Based connected the Enforcement Directorate’s (ED) investigation, helium was besides accused of wealth laundering by channelling “illegal gratification done his woman Shyamal P. Sharma, who was made a 30% spouse successful Value Packaging Private Limited, a steadfast associated with the Welspun Group, without immoderate archetypal superior investment”.
“An magnitude of ₹22 lakh, received successful her NRO relationship with Bank of India, and ₹7.5 lakh arsenic a goodwill payment, are alleged to beryllium amerciable gratification for extending undue favours to the Welspun Group. The concern of ₹1 lakh made successful his wife’s sanction successful January 2008 was utilized to channelise ₹28,17,407 (including nett share, goodwill amount, and interest) arsenic nett distribution,” the bid noted.
’Hawala’ transactions
It was alleged that the funds were utilized to repay a lodging indebtedness for a location successful Gandhinagar and to bargain cultivation onshore successful Dehgam. The allegations besides included utilizing ‘hawala’ transactions done amerciable conduits to transportation astir ₹1 crore to the U.S., and transfers received successful his wife’s U.S. slope accounts from 3rd parties.
“Having respect to the facts of the lawsuit that, the accused was an IAS serviceman holding the station of District Collector and District Magistrate and has misused his authoritative presumption by indulging into corrupt signifier and besides indulging himself successful offence of wealth laundering disentitles him for immoderate discretion by directing condemnation to tally concurrently,” the tribunal observed.
“Both the offences i.e. offence nether the Prevention of Corruption Act and the offence nether the Prevention of Money Laundering Act are antithetic statutes enacted with circumstantial object...when a idiosyncratic is indulged successful committing offence nether some the statutes and is recovered blameworthy successful some the cases which are tried separately, considering the seriousness and gravity of offence, the Court does not find immoderate justifiable crushed to nonstop concurrency of condemnation and accordingly, the said petition of the accused that his consequent condemnation successful this lawsuit whitethorn beryllium ordered to tally concurrently with his erstwhile condemnation is rejected,” said the order.
