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2015 (4) TMI 1180 - HC - Money LaunderingProceedings under sections 3 and 4 of the Prevention of Money Laundering Act, 2002 - The primary contention for the petitioner is that the entire basis of the ECIR has been the contents of the FIR filed by the CBI - Held that:- It is settled principle of law that the provisions of law cannot be retrospectively applied, as Article 20(1) of the Constitution bars the ex-post facto penal laws and no person can be prosecuted for an alleged offence which occurred earlier, by applying the provisions of law which have come into force after the alleged offence. The facts emerging from the aforesaid are as under: - (i) Closure report filed by the CBI in RC No. 0072011A0003 which was accepted by the learned Special Judge, CBI, Dehradun vide order dated 21.08.2014; (ii) The order of the High Court of Uttrakhand dated 13.10.2014, quashing the proceedings of CBI qua the petitioner; (iii) The retrospective application of the provisions of the PMLA which came into existence in 2009 for the offences alleged to have been committed in 2005-2006; (iv) Statements of witnesses under Section 164 of Cr.P.C. of namely Mr. Anil Vaid, Mr. Devki Nandan Taneja and Mr. Ravindra Taneja dated 04.08.2014 recorded by Special JM, CBI, Uttarakhand (Annexure A to C of rejoinder to the reply filed by the respondent) relied upon by the respondent, revealing the facts that they have no knowledge of the petitioner and were coerced to make statements for wrongfully indicting the petitioner; (v) Final report filed by SIT (UP) in case FIR No.01/2007 which was accepted by the learned Special Judge, CBI vide order dated 10.03.2014; and (vi) Charge-sheet filed by SIT (UP) in case FIR No.02/2007 exonerating the petitioner. In view of the above, the impugned ECIR No.03/DZ/2011/AD (SC)/SDS dated 24.02.2011 under Sections 3 and 4 of PMLA is quashed qua the petitioner only.
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