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2023 (8) TMI 1408 - HC - Money LaunderingSeeking release of provisional attachment order - Money Laundering or not - no scheduled offences - predicative offences were already quashed - HELD THAT:- It is not in dispute that predicative offences registered against the accused have been quashed by this Court. The Division Bench of High Court of Telangana while dealing with similar case in Manturi Shashi Kumar and Another Versus The Director, Directorate of Enforcement, Basheerbagh, Hyderabad [2023 (4) TMI 1199 - TELANGANA HIGH COURT], has duly taken into consideration the judgment of the Hon’ble Apex Court in Vijaya Madanlal Choudhary Vs Union of India - In the said judgment the Division Bench of Telangana High Court has taken the facts and circumstances of the case therein into consideration and held that if a person is finally discharged/acquitted of the scheduled offence or the criminal case registered against him is quashed by the Court of competent jurisdiction there can be no money laundering against him or any one claiming such property being the property linked in scheduled offence through him. However, in the present case, the provisional attachment took place on the ground that, predicative offences have been registered against the members and other officials of the NRIAS. In view of quashing of the said crimes, there are no scheduled offences. As held by the Hon’ble Supreme Court in the judgment referred, since there is no scheduled offence, there can be no offence of money laundering. The judgment relied on by the learned Senior counsel for the petitioner is squarely applicable to the facts of this case. The provisional attachment order set aside - petition allowed.
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