HC upholds ED's provisional attachment of properties linked to multi-cr coal levy scam
aipur: The Chhattisgarh High Court dismissed multiple petitions challenging the ED's provisional attachment of properties linked to the alleged multi-crore coal levy scam.
The attached assets belonged to a former Officer on Special Duty to the then Chief minister, an IAS officer, and several businessmen arrested in the case.
A Division Bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru upheld the ED's action, ruling that in money laundering cases, a presumption of a link between attached properties and proceeds of crime is valid in the absence of verifiable legal income.
The bench stated that enforcement authorities are not required to produce direct evidence of such linkage, given the complex nature of financial transactions involved.
The court found the ED's material—comprising financial analyses, timelines of property acquisition, and lack of legitimate income—sufficient to establish a prima facie nexus. It observed that the Provisional Attachment Order (PAO) was consistent with the legal framework under the Prevention of Money Laundering Act (PMLA) and noted that the appellants failed to rebut the statutory presumption under Section 24 of the Act.
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The bench also concurred with the findings of the Appellate Tribunal and concluded that no substantial question of law arose in the matter. The ED Raipur provisionally attached more than 100 movable and immovable properties—bank balances, vehicles, cash, jewellery, and land—belonging to businessman Suryakant Tiwari, his brother, and others, including Saumya Chaurasia, her brother Anurag Chaurasia, their mother, and IAS officer Sameer Vishnoi.
Petitions challenging the attachments were filed by KJSL Coal Power and Indramani Minerals through their legal representatives. Special Public Prosecutor Dr Saurabh Kumar Pande represented the ED. The High Court earlier reserved its verdict after detailed hearings on 10 separate petitions and pronounced its judgment on Wednesday.
The Appellate Tribunal previously upheld the ED's action, rejecting all appeals against a common order in the high-profile money laundering case.
It emphasised that in such cases, direct proof of proceeds of crime (PoC) is not always required due to the indirect and layered nature of financial operations.
Suryakant, based in Raipur, was named the alleged mastermind behind a syndicate involved in large-scale extortion. Central Board of Direct Taxes (CBDT) memorandum dated Sept 13, 2022—based on a DGIT (Investigation), Bhopal, report—flagged the matter for ED inquiry under Section 3 of the PMLA.
The syndicate allegedly levied an illegal charge of Rs 25 per tonne for coal transport in Chhattisgarh, involving state mining and district officials. Tiwari was reportedly aided by govt functionaries including Saumya Chaurasia, former Deputy Secretary in CM's Office, and IAS officer Sameer Vishnoi.
During the hearing, Dr Pande submitted that multiple witnesses deposed under Section 50 of the PMLA, stating that delivery orders (DOs) were issued only after a Rs 25 per tonne cash deposit.
Vishnoi allegedly received approximately Rs 10.42 crore in kickbacks for switching from online to offline DOs. The money was said to be invested in companies purchased in the name of his wife.
The ED also recovered Rs 22 lakh in cash from Vishnoi, which he could not satisfactorily account for, and found no credible source of income to justify the acquisition of the firms. The High Court dismissed the appeals as meritless, aligning with the conclusions of the Adjudicating Authority and the Appellate Tribunal. However, the appellants retain the right to seek remedies under Section 8(8) of the PMLA.
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