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2023 (10) TMI 533 - HC - Money LaunderingMoney Laundering - Refusal to discharge the petitioner / A.1 - Conspiracy with other accused - receiving the keys of bank locker wherein the bribe amount was secreted by A.2 through his son - contention of the petitioner is that by the date of the alleged incident the Prevention of Money Laundering Act, 2002 viz., Act 2 of 2013 was not even promulgated and did not come into force. HELD THAT:- Section 3 of the Act does not attract to the case of the petitioner is concerned, the Hon’ble Supreme Court in Vijay Madanlal Choudhary Vs. Union of India [2022 (7) TMI 1316 - SUPREME COURT], the amendment to the Act is only in the nature of clarificatory and that the said amendment shall have the effect from the date of enactment of the PML Act, 2002 - Though the said amendment has come into force on 15.02.2013, nowhere in the Act it was stated that it is only prospective in nature. But it is only in the nature of clarificatory. It is an admitted fact that the investigation reveals that huge sum of untainted money was recovered from the locker of A.2 and the petitioner is having custody of the keys of the said locker which stands in the name of A.2. Therefore, the explanation given in the above section does attract to the case of the petitioner herein though it the amendment came into force from 15.02.2013 onwards since he is indirectly involved in the alleged crime. As seen from the record, there was an agreement between A.2 and A.1 and A.3 with regard to grant of bail, which itself shows the complicity of the case. The respondents have filed voluminous evidence in the form of documents, which have to be gone through during the course of trial only. The criminal revision case is dismissed.
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