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2019 (9) TMI 1196 - AT - Money LaunderingMoney Laundering - attachment of properties - non-filing of charge sheet at the time of passing the confirmation order - proceeds of crime - relationship of proceeds with alleged crime - whether the attachment lapses in the absence of non-filing of the charge-sheet at the time of passing the confirmation order before the Adjudicating Authority? HELD THAT:- It is admitted on behalf of respondent in its written-submission that the amendment dated 19.04.2018 amending section 8(3) of PMLA, 2002 brings into the effect that order confirming the attachment passed under section 8(3) would only subsist during the period of investigation for a period not exceeding 90 days. In other words, the prosecution complaint shall be filed under 45(1) PMLA, 2002 within 90 days of confirmation of provisional attachment order. This amendment is prospective in nature and not retrospective. Following the amendment, prosecution complaint under section 45(1) PMLA, 2002 was filed on 11.06.2018 which is within the time limit of 90 days prescribed by the amendment from the date it became effective. Section 8(3)(a) of the Prevention of Money Laundering Act, 2002 was amended through Section 207-208 of the Finance Act, 2018. As per Section 207 of the Finance Act, 2018, the Central Government was required to notify the date for coming in to force of Section 208 of the said Act. Notification bearing no. G.S.R.383(E) dated19.4.2018 issued by the Department of Revenue, Ministry of Finance, Government of India, appointed “19.04.2018” as the date for coming into force of Section 208 of the Finance Act,2018 which amended Section 8(3)(a) of the PMLA. Section 44(1)(b) of PMLA underwent an amendment where the words “upon perusal of police report of the case(s) which constitute an offence” was deleted and thus by deletion, it is clear that cognizance of offence u/s 3 PMLA can be taken only upon a complaint in writing and not on a Police report, i.e. charge sheet filed by Police u/s 173(5) Cr.PC. PMLA does not define “complaint” but “complaint” is defined under Section 2(d) CrPC as allegation made orally or written to be Magistrate for taking action against the persons who have committed the offence. It is clear after going through the scheme of the Act that being a Special Act, all PMLA proceedings are to be conducted within the four corners of Act. These are stringent provisions. Criminal liabilities are involved at the end of the day if the charges are proved. Different meaning or interpretation cannot be given if the language of the said provisions are simple and understandable. Since the charge-sheet/prosecution complaint has not been filed under the provision of Section 8(3)(a) of the Act within the prescribed period of time, the attachments stand lapsed, thus, the same are released. Therefore, there is no need to go into the merit of the case. Appeal allowed.
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