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2023 (2) TMI 1097 - HC - Money LaunderingMoney Laundering - proceeds of crime - seeking release of the attached properties - HELD THAT:- In Vijay Madanlal Choudhary & Ors. v. UOI & Ors., [2022 (7) TMI 1316 - SUPREME COURT] the Supreme Court has held that if the person accused has been discharged or acquitted of the scheduled/predicate offence, then there can be no offence of money laundering against the said accused person. The Supreme Court in Indrani Patnaik & Anr. v. Enforcement Directorate and Ors. [2022 (11) TMI 1311 - SUPREME COURT] has recently held that there cannot be any prosecution in relation to an offence for which the accused person has already been discharged. This position of law in terms of proceedings under the PMLA has been recently considered by this Court in EMTA Coal Limited and Ors. v. The Deputy Director of Directorate of Enforcement [2023 (1) TMI 694 - DELHI HIGH COURT]. In the said judgement it was held that once the closure report in the offences under respective FIRs has been filed, no criminality is ascertainable and the respective PAOs as well as the ECIRs are liable to be quashed. In view of the settled legal position in Vijay Madanlal Choudhary and the subsequent decisions and orders thereafter, the properties of Mr. Sachin Joshi and M/s. Muktanand Agro Farming Pvt. Ltd. which were attached by the impugned PAOs shall be released - Petition disposed off.
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