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2019 (5) TMI 1572 - AT - Money LaunderingOffence under PMLA - prosecution complaint against the dead person - release the property seized - HELD THAT:- There is no force for the respondent, the intent of the said provision is that in case the trial cannot be conducted by the reason of death of the accused or otherwise, the Special Court shall on an application moved by any party claiming to be entitled to the possession of a property in respect of which an order has been passed under sub-section (3) of section 8 of the Act in the offence of moneylaundering. Late Amlendu Pandey was not convicted in the matter. He was not charge-sheeted. As far as the mandate of sub-section 7 of section 8, no doubt, there is no dispute. However, in order to pass the order by the Special Court under the said provision, there must be a prosecution complaint against the person concerned. In the present case, the prosecution complaint has been filed against the dead person. Therefore, the complaint itself against the dead person is null & void against the late Amlendu Pandey. The question of passing any order in the pending complaint against the dead person does not arise. Therefore, in the facts of the present case, the provision of sub-section 7 of section 8 cannot be revoked by the respondent in the absence of pending valid complaint against him. Admittedly, the prosecution complaint has not been filed in the above said appeal under section 8 of sub-section 3(a) of the Act even against the legal representative before the Special Court within the knowledge of the respondent. Thus, in case no action is taken under the provision of sub-section 3(a) of Section-8, the retention of seizure/ property lapses under the mandatory provisions of law. Therefore, the present appeal is allowed. The impugned order is set aside, the property
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