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Vadodara against four accused, namely, Girish @ Tomi Purshottam Patel, Kiran Jayantilal Mala, Chirag Parikh and Dharmendrasinh Vishwanath Chauhan @ Dharmin Chauhan for the offences punishable under Sections 418, 419, 420, 465, 467, 468, 471 and 120-B of Indian Penal Code alleging that the Enforcement department had raided a farm house on 19.3.2015 wherein it was found that 16 persons were indulging in Hawala racket and of cricket betting. An FIR was also lodged against 16 persons for the offences punishable under Sections 4 and 5 of the Public Gambling Act, 1867 read with Sections 65, 66 and 66C of the I.T. Act. The said FIR was registered as C.R. No.222 of 2015 with Kishanvadi Police Station. The said four persons who are referred herein above were amongst the 16 accused against whom the said FIR was filed.

3.2 During further investigation of the said offence, it was found that the aforesaid four accused persons had entered into a partnership firm by oral understanding, namely, M/s. Maruti Ahmedabad, Partnership Firm to carry on illegal activities like cricket betting, Hawala etc. It was found that against those persons, other offences were registered for betting at Unjha of District Mehsana as well as Ahmedabad and Mumbai. It was alleged in the FIR that during the raid, different types of electronic gadgets were discovered and about 147 Mobiles were collected which were being used for betting. The Sim Cards which were being used by those persons, found to be forged and the same were collected in bogus names. It was also found that by creating bogus HC-NIC Page 2 of 14 Created On Wed Oct 21 02:56:27 IST 2015 R/CR.MA/14446/2015 CAV ORDER documents and forging signatures in the applications form, different Sim Cards were purchased and the same were used for cricket betting which is an illegal activity.

4.1 He would submit that the word "proceeds of crime" is defined under Section 2 (u) of the PMLA. As per the said definition, an amount alleged to have been derived by the applicant through cricket betting would not fall under the proceeds of crime since betting is not a scheduled offence. He would submit that betting of cricket is not a scheduled offence since the scheduled offence is defined under Section 2 (y) of the PMLA. He would submit that the only allegation made in the complaint against the present applicant who is accused No.6 in the complaint is that he was actively helping his younger brother Ritesh Bansal @ Bharat Delhi who is accused No.5 and who was in contact with those four accused. He would submit that as per his statements before the authority, some amount was delivered from a place where the family runs its business. His another brother has claimed for return of that amount which has been seized by the authority. He would submit that the applicant is maximum can be said to have been involved in betting which is not a scheduled offence and, therefore, the provisions of Section 45 of PMLA would not be HC-NIC Page 4 of 14 Created On Wed Oct 21 02:56:27 IST 2015 R/CR.MA/14446/2015 CAV ORDER applicable and other proceedings qua Code with regard to bail would be available. He would submit that he is not involved in any other offence punishable under PMLA in past. However, the offences under Gambling Act have been registered at Delhi in which he had been released on bail.

5. On the other hand, learned Standing Counsel Ms. Trusha Patel appearing for the respondent No.2 - original complainant has vehemently submitted that huge scam of Hawala to the tune of about Rs.2500 Crores has come in light in the game of Cricket betting. The investigation till date carried out and record recovered and seized from the Farm house at Vadodara on 19.3.2015 reveals that those four accused had received and placed various bets from large number of bookies and punters amounting to Rs.2500 Crores on different Cricket matches played between 4.12.2014 till 19.3.2015 i.e. the date on which the farm house was raided and searched under the Foreign Exchange Management Act, HC-NIC Page 5 of 14 Created On Wed Oct 21 02:56:27 IST 2015 R/CR.MA/14446/2015 CAV ORDER 1999 for the ongoing ICC World Cup Quarterfinal match between India and Bangladesh. She would submit that the investigation revealed that the applicant along with his brother, namely, Ritesh were actively participating in the illegal activities of betting which has been admitted by the applicant himself in his various statements. She would submit that the applicant is assisting his brother and used to decide rates (bhav) of betting as per the statement of his brother Ritesh Bansal. She, therefore, would submit that the applicant is aware about the betting being done from the place where he was assisting his brother who was directly in contact with the four other accused from whom the fabricated Sim Cards etc. have been found and offence has already been registered at Kishanvadi Police Station at Vadodara.