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2022 (10) TMI 1080 - HC - Money LaunderingMoney Laundering - scheduled offences - submission of documents of properties with existing encumbrance as collateral security for the loan - Section 420 IPC - Sections 48 and 49 of the PMLA r/w Notification vide G.S.R.441(E), dated 01.07.2005 as amended by G.S.R.579(E), dated 29.08.2013, S.O.1275(E) dated 13th September 2005 - HELD THAT:- Section 48 (c) ibid., clearly classifies the Assistant Director as an "authority for the purposes of this Act". Thus, when the statute itself classifies the Assistant Director as an authority, we are afraid no further authorisation is required for him to file a complaint for the Special Court to take cognizance of the offence u/s.44(b) of the PMLA. It is true that Section 420 IPC was not a scheduled offence under the PMLA on 25.09.2008 when the case was registered by the CBI and that it was included in the statute only with effect from 01.06.2009. In this case, the Enforcement Directorate has registered the case only after 01.06.2009, viz., on 23.11.2010 - irrespective of the fact as to when the scheduled offence was committed, if the proceeds of crime that is generated from the commission of a scheduled offence is laundered after the coming into force of the PMLA, 2002, then one can be prosecuted u/s.3 r/w 4 of the PMLA. Manjula cannot claim prejudice for non-identification by any witness during trial. If Anuraag Jain and Manjula were not arrested and released on bail or if they are not on anticipatory bail, the trial Judge shall obtain a bond u/s.88 Cr.P.C. for Rs.25,000/- with two sureties each from them, if not already obtained - Petition dismissed.
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