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2018 (7) TMI 2296 - HC - Money LaunderingMoney Laundering - criminal conspiracy - preparing the banker's cheques/demand drafts in bulk in the name of the different kotedars for lifting PDS foodgrains and subsequently by selling the same in black market in connivance with other co-accused for wrongful gains to themselves and causing wrongful loss to the Government exchequer - HELD THAT:- The PMLA, 2002 was promulgated/came into force on 01.07.2005, vide G.S.R. 436(E), dated 1stJuly, 2005, published in the Gazette of India, Extra, Pt. II, Sec. 3(i), dated1st July, 2005. Therefore, the following was position, as on 1st July, 2005as regards inclusion of offences in Part A or Part B of the schedule appended to the PMLA, 2002. (Only such sections are being taken into consideration of I.P.C. and P.C. Act, which are alleged to have been committed by applicant/accused) - In Part B of the schedule, one of sections of I.P.C. in question only i.e. Section 467 I.P.C. which pertained to forgery of a valuable security will or authority to make or transfer any valuable security, or to receive any money etc. was made punishable under PMLA, 2002. It is apparent that the offence under Section467 was punishable under PMLA of 2002 with effect since 1st July, 2005while the allegations against the present accused relate to the period2004-05 and 2005-06, hence the argument of the learned counsel for the applicant that the cognizance taken against the accused applicant could not have been taken for his having committed offence under Section 467 I.P.C. does not hold water as the same was already made punishable under the PMLA of 2002 way back in 2005. It is settled law that if eve none of the offences under which the charge is found to have been made out, then it cannot be denied that cognizance could have been taken by the Court concerned for having committed an offence under PMLA of 2002. If offence under certain other sections of I.P.C. or P.C. Act are found not made out in respect of the present accused during the period in question due to penal provision not being available then the said fact maybe taken into consideration by the Trial Court at the time of trial and take appropriate decision in that regard. As regards other objections that the appeal against the attachment of the properties of the applicant/accused was pending before a Appellate Authority and that the order passed by the learned Judge of C.B.I. Court had been stayed by the High Court, Lucknow Bench hence the cognizance under PMLA ought to have postponed by the learned Trial Court till final decision in that case, does not hold good as there is no legal bar to initiating proceedings under PMLA under such a situation. Application dismissed.
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