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2022 (11) TMI 1280 - CALCUTTA HIGH COURTInterpretation of statute - whether quashing of a regular case of scheduled offence shall automatically quashed the subsequent case registered under the provisions of PMLA Act? - money laundering - proceeds of crime - HELD THAT:- This court is a view that the pendency of PMLA case cannot be sustained at this juncture. Moreover, Hon’ble Appellate Tribunal PMLA is of specific finding that no proceeds of crime of the PMLA case has arisen from the regular case No. RCBSK2009E0008. The said regular case has already been quashed by this court. Thus, at the situation there is no proceeds of crime by virtue of order of quashing of the regular case. The quashing of FIR of regular case automatically created a situation that the offences, stated and alleged in the FIR has no existence; thus the “Scheduled Offence” has also no existence after quashing of the FIR. When there is no “Scheduled Offence”, the proceeding initiated under the provisions of Prevention of Money Laundering Act, 2002 cannot stand alone. The instant criminal revisional application has merit to entertain and it is allowed.
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