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2018 (4) TMI 680 - AT - Money LaunderingProvisional attachment order - Appellant explained the position of the acquittal but the adjudicating authority, PMLA, New Delhi still attached the properties of the appellant - Held that:- “Proceeds of Crime” under Section 2(1)(u) of the PML Act is a property which is “derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence”. Scheduled Offence is a predicate offence and the occurrence of the same is a prerequisite for initiating investigation into the offence of money laundering. The Trial Court has already acquitted the appellant of any offence which can be termed as scheduled offence under the PMLA. The respondent has also fairly agreed to this point - three properties standing in the name of the appellant and which do not from a part of the confiscated properties vide the Trial Court order dated 29.09.2016 and 07.10.2016 are ordered to be released from the attachments, attached by the ED vide the impugned order dated 17.03.2017 - Appeal allowed
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