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2013 (2) TMI 904 - JHARKHAND HIGH COURTPrevention of Corruption Act - Allegations against Chief Minister - Vigilance Case - Prevention of Money Laundering Act (PMLA) - Transferring money through Hawala - Investigation done by CBI - Scheduled offences in terms of sub-section (x) of Section 2 are the offences specified either under Part (A), Part (B) or Part (C) of the schedule of the PMLA. A complaint was lodged against Chief Minister Shri Madhu Koda and other 2 members. Whether the Special Court can proceed simultaneously with the trial of the scheduled offence as well as trial of the offence punishable u/s 4 of the PMLA. HELD THAT:- That the Special Court may proceed with the trial for the scheduled offence as well as trial of the offence punishable under the PMLA simultaneously. the provision as is enshrined in Section 3 postulating therein that whoever is connected with the proceeds of the crime projecting it as untainted property would be committing offence of Money Laundering Act and further that the proceeds of crime must have been derived or obtained, directly or indirectly by any person as a result of criminal activity relating to scheduled offence in terms of sub-section (u) of Section 2 of the PMLA, there has been no doubt that unless one is held guilty for the scheduled offences, he cannot be held guilty of the offence punishable under Section 4 of the PMLA but hardly there appears to any embargo for the special court to proceed with the trial of the scheduled offences as well as offence under Section 4 of the PMLA simultaneously particularly when there has been nothing in the Act nor intention of the legislator seem to be there of taking of the trial of the offence punishable under Section 4 after one is found guilty for the scheduled offence.
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