Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2022 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 1167 - HC - Money LaunderingSeeking release of attached property - Continuation of attachment of the properties even after closer of C.C. No. 319 of 2010 on which action was initiated under PMLA - HELD THAT:- The only ground on which they have filed present writ petition is that the proceedings in C.C. No. 319 of 2010 basing on which the respondent has initiated proceedings which was ended in acquittal by virtue of compromise. Therefore, there are no 'proceeds of crime' and the allegation of respondent that the 1st petitioner has purchased the property derived out of the proceeds of crime is false and baseless. Therefore, the petitioner is entitled for release of the aforesaid property. Both the criminal proceedings and proceedings under the Act are different and distinct. Enforcement Directorate had filed a complaint before the designated court and the same was also taken cognizance by the Designated Court proceedings in S.C. No. 342 of 2018 are pending. If at all, the petitioner is having any grievance, they have to file an appeal under Rule 3-a of the aforesaid rules seeking release of the aforesaid properties. The Hon'ble Apex Court in Jai Shanker v. Directorate of Enforcement [2022 (5) TMI 309 - SUPREME COURT] has held that Adjudication proceedings by the Enforcement Directorate is not prosecution by a competent court of law which attracts provisions of Article 20(2) of the Constitution of India or section 300 of the Criminal Procedure Code. If the exoneration in adjudication proceedings is on technical grounds and not on merits, the prosecution may continue and in case of exoneration, however, on merits where the allegation found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and the circumstances cannot be allowed to continue, to the underlying principle being the highest standard of proof in criminal cases. The petitioner herein have to approach Designated Court for release of property by way of an application under Rule 3-a of the Prevention of Money Laundering (registration for confiscated properties rules 2016). It is for the said court to decide the said matter. Therefore, this Court is not inclined to grant any relief by raising the attachment order. Viewed from any angle this writ petition is liable to be dismissed. Petition dismissed.
|