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2017 (2) TMI 1234 - HC - Money LaunderingPMLA Complaint - prima facie ground and any material evidence qua any of the petitioners to satisfy the necessary pre-requisites for invoking Section 3 of PMLA against them and essential for taking cognizance and proceeding against each of the petitioners - 'mens rea' or culpable 'knowledge' of the 'Scheduled Offence' and 'Proceeds of Crime' - Held that:- By the impugned order dated 18.7.2014, the Special Court for PMLA mechanically took 'cognizance' of the alleged offence punishable under Section 4 of PMLA qua each of the accused petitioner, without even prima facie material showing existence of any 'mens rea' or culpable 'knowledge' with all or any of them, of the subject Scheduled Offence investigated separately by Crime Branch, Surat in FIR Nos. I-16/2014 dated 11.04.2014 and I-17/2014 dated 13.4.2014, or of any 'proceeds of crime' emanating from the said scheduled offences. Neither there is any tangible evidence, nor even any circumstantial material to impute culpable knowledge on the petitioners and to even prima facie conclude that they were either aware of the commission of the Schedule Offence or the generation of the alleged proceeds of crime by or out of such Schedule Offence. As per the material adduced, it cannot be even prima facie held that the petitioners had any reason to even have any reasonable doubt regarding commission of alleged schedule offence and generation of any proceeds of crime in relation thereto. The same is also fortified by the fact that none of the petitioners were made an accused in the scheduled offence. Even though the accused petitioners received in their bank accounts certain amounts at the instance of or from their close relative Shri Afroz Hasanfatta, the statements if taken on their face value, do not satisfy even on prima facie basis the pre-requisite for trying any person on allegation of money laundering i.e. 'mens rea' or culpable 'knowledge' of the 'Scheduled Offence' and 'Proceeds of Crime' derived therefrom, and projection of such proceeds of crime as untainted. Even on prima facie basis no offence is made out against any of the accused petitioners. Therefore, find merit in the submissions made on behalf of the accused Petitioners and have no hesitation in holding that the impugned Order was passed mechanically and deserves to be set aside.
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