Prem Prakash’s plea against ED order rejected in HC

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Prem Prakash’s plea against ED order rejected in HC

Tuesday, 26 December 2023 | PNS | Ranchi

Jharkhand High Court has rejected the discharge petition of money laundering accused Prem Prakash, known as Power Broker. The court said in its order that prima facie it appears that ED has sufficient evidence against Prem Prakash, which proves that he was involved in illegal mining in Sahibganj and money laundering of illegal earnings through it. The court said that the nexus of Prem Prakash in the proceeds of crime has been revealed. He has still not been able to show how lakhs of rupees came into his account.

The Jharkhand High Court has said that there are sufficient prima facie materials against Prem Prakash, to prove that he was involved in the proceeds of the crime generated out of illegal mining in Sahibganj.

“Prem Prakash’s nexus has been revealed in the proceeds of crime. He has not been able to demonstrate how the said amount is there in his account. Also, he could not explain before the ED of storing the stamp paper back-dated,” the court has observed. 

The court said that for a property to be regarded as proceeds of crime, it was essential for it to be established that it had been obtained upon the omission of a scheduled offence. 

Admittedly, Prakash is not named as accused in any scheduled offence. However, action has been resorted to against the properties, which were in his hands or possession, and he has involvement in the criminal activity, based on that same are “proceeds of crime”, the court said.

The court said that the Barharwa P.S. case no. 85 of 2020 is still being scrutinised by the High Court as well as by the Supreme Court. 

“How one Bijay Hansda has been tried to be overpowered by the person behind the scene has been considered by this Court in a writ petition, and the CBI is also investigating his conduct under direction issued by this court,” Justice Dwivedi observed.

Indrajit Sinha, appearing for Prem Prakash, said that the ED has not disclosed the proceeds of crimes in the Barharwa police station case. 

Actually, the Special Court of Ranchi PMLA (Prevention of Money Laundering Act) has framed charges against Prem Prakash and started the trial. Prem Prakash had challenged the order of framing of charges in the High Court. On which the court of High Court judge Justice Sanjay Kumar Dwivedi heard.

Investigation revealed, Prem Prakash's influence did not diminish even inside the jail. Let us tell you that along with the money laundering case related to illegal mining, ED has also made Prem Prakash an accused in the money laundering case related to land scam. Prem Prakash was arrested by ED last year, after which he is in judicial custody. ED's investigation so far has also revealed that Prem Prakash's influence has not diminished even inside the jail and with the connivance of the jail officials, he is being provided all the facilities in the jail.

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