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2023 (1) TMI 694 - HC - Money LaunderingMoney Laundering - provisional attachment order - scheduled/ predicate offence - proceeds of crime - Petitioners have been discharged in the scheduled/ predicate offence - It is submitted by petitioner that a closure report filed by the CBI has been accepted by the Trial Court in respect of the predicate offence and no criminal charges are now pending against the Petitioners - HELD THAT:- A perusal of the orders passed in Parvathi Kollur [2022 (8) TMI 1256 - SC ORDER] leaves no matter of doubt in the mind of the Court that if there is an acquittal/ discharge or a closure report has been filed in the predicate offence, the ECIR would not stand and the same would be liable to be quashed. For example, in ADJUDICATING AUTHORITY (PMLA) AND ORS. VERSUS SHRI AJAY KUMAR GUPTA & ORS. [2023 (1) TMI 681 - SC ORDER], there was acquittal in the predicate offence. In view of the said fact, the Supreme Court was of the view that the appeal filed by the Adjudicating Authority (PMLA) would not survive. Similarly, in DIRECTORATE OF ENFORCEMENT VERSUS M/S OBULAPURAM MINING COMPANY PVT LTD [2023 (1) TMI 682 - SC ORDER], closure report had been accepted by the Trial Court qua the predicate offence. The Supreme Court was again of the view that proceedings under PMLA will not survive and the Court proceeded to quash the ECIR. In the facts of the present case, the Trial Court, in the complaint case which was pending before it, has clearly come to a conclusion that the closure report deserves to be accepted and no criminality is ascertainable as the documents in respect thereof were not available - the impugned attachment orders dated 14th February, 2022 and 20th June, 2022 as also the ECIRs are quashed. Petition allowed.
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