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2018 (6) TMI 341 - AT - Money LaunderingSecond trial under PMLA for the same offence/allegations against the appellant - Held that:- Once the appellant Sri Chandrashekhar has been acquitted by the Special Court under the Schedule Offence after the trial and no appeal has been filed by the State against the said Judgement (as informed by the parties), the appeal is liable to be allowed. The complaint under schedule offence was decided on merit after recording the evidence whereby FIR and charge sheet have been quashed by the Special Court. Once the acquittal order is passed against the appellant holding that he was not involved in the Prevention of Corruption Act and he has purchased/ acquired the properties in legal resources, the question of money laundering does not arise. The allegations are same and ECIR was registered on the basis of charge sheet. There were only two options left after acquittal, either to file the appeal against the judgement and the trial under PMLA ought to have been conducted along with the trial with the case registered under schedule offence. The respondent apparently did not make efforts in this regard.
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