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2021 (1) TMI 1145 - DSC - Money LaunderingMoney Laundering - predicate/scheduled offences - Hearing on charges in the scheduled offence - entitlement to mould the prayer in the original petition by filing a memo, “that to take up the hearing on charges in the scheduled offence and the offence of money laundering simultaneously” - HELD THAT:- On careful reading of Section 43(2) of PML Act, it does not contemplate a trial of predicate/scheduled offence and the offence of money laundering simultaneously. The section only says that while trying an offence under the Act, a Special Court shall also try an offence, other than any offence referred to in sub-section (1) with which the accused may under the Code of Criminal Procedure be charged at the same trial - On reading of Section 44(1)(a) of PML Act, it only says that the offence punishable under Section 4 (PML Act) and any scheduled offence connected to the offence under that section shall be triable by the Special Court, in which the offence has been committed. The plain reading of the section goes to show that the Special Court can also try the scheduled offence but not simultaneously with money laundering offence. Authorised person from Enforcement Directorate can also file an application before the Special Court which is dealing with the scheduled offence, which is other than the Special Court dealing with money laundering offence. On such application being filed by authorised person from Enforcement Directorate, predicate/scheduled offence can be committed to the Special Court as enshrined in Section 44(1)(c) of PML Act. On careful reading of Section 2(1)(u) of PML Act, 2002, a wider definition is given to proceeds of crime including property not only derived or obtained from the scheduled offence, but also any property which may directly or indirectly be derived or obtained as a result of criminal activity relatable to a scheduled offence. Section 3 of PML Act, 2002, further clarifies that a person shall be guilty of offence of money laundering if such a person is found to have directly or indirectly attempted to indulge in concealment, possession, acquisition, use, projecting as untainted property, claiming as untainted property and the process or activity connected with the proceeds of crime is a continuing activity. Which itself shows the offence of money laundering is a continuing offence. Section 44(1)(d) Explanation provides for, that the Special Court shall not be dependent on any orders passed in respect of the scheduled offence - Sections 2(1)(u), 3 and 44(1)(d) of PML Act, 2002 clearly goes to show that the offence of money laundering is a stand-alone offence and the trial proceedings are completely different with that of the scheduled offence. Trial of money laundering offence is independent trial and it is governed by its own provisions, it will not meddle with the trial of scheduled offence. Prevention of Corruption Act, 1988 and The Prevention of Money Laundering Act, 2002, are two different enactments, they decide the controversies that arise under respective Acts, one authority cannot interfere with the function of other authority under different Acts. PML Act has overriding effect under Section 71. There are no merits in the applications and the same are dismissed.
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