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2023 (1) TMI 682 - SCH - Money LaunderingGrant of Regular bail - Money Laundering - siphoning of funds - the allegation is that the amount was given by RFL to entities which were, directly or indirectly, owned or controlled by the applicant, or in which the applicant otherwise had financial interest, including companies linked to RHC - HC [2020 (7) TMI 556 - DELHI HIGH COURT] held that There seems to be no rationale for continuing the applicant’s judicial custody as an undertrial in this case - HELD THAT:- The present case relates to the predicate offence in respect of the same matter - List before a Bench of one of us (Hon. Sanjay Kishan Kaul, J.) is not a Member - Insofar as the urgent listing now is concerned, it is the prerogative of the Hon’ble the Chief Justice of India. Money Laundering - public auction - the allegations are to the effect that the lands, which would fetch higher value in the public auction, were purchased by the petitioners in connivance with the other accused resulting in a huge loss - burden to prove - HC [2019 (10) TMI 1236 - MADRAS HIGH COURT] held that the burden of proof by discharging the presumption lies upon the persons charged. Hence, investigation by the Central Bureau of Investigation and the respondent are totally distinct and different - HELD THAT:- Learned Solicitor General fairly states that since there is a closure report in respect of the predicate offence which has been accepted, the present proceeding will not survive and consequently the ECIR No.CEZO/01/2017 stands quashed - SLP disposed off. Prevention of Money Laundering Act, 2002 - attachment orders - HC [2017 (8) TMI 135 - MADRAS HIGH COURT] held that Admittedly, 2nd respondent filed the case only based on the charge sheet of the CBI, who have not conducted any enquiry on their own. In fact, all the documents are original documents of the alleged proceeds of crime, which are in the custody of the CBI Court. When the entire documents are in the custody of the Court, there cannot be any reason to believe that the properties will be dealt with in any other manner - HELD THAT:- Learned Solicitor General fairly states that since the proceedings before this Court arise from an order of attachment and there is acquittal in respect of predicate offence, the proceedings really would not survive - the appeals filed by the Adjudicating Authority (PMLA) do not survive and are accordingly disposed of.
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