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2022 (11) TMI 1191 - UTTARAKHAND HIGH COURTSmuggling - proceeds of crime - mere presence can be termed as participation or not? - summon under Section 4 of the Prevention of Money Laundering Act, 2002 - HELD THAT:- The scope of the jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 is quite wide but much restricted by the principles of law as laid down by the Hon’ble Supreme Court in umpteen judgments. In case prima facie case is made out, generally interference is not warranted in this jurisdiction. What is being argued is that the role of the petitioners does not make out any case. The witnesses have categorically told about it. Not only Dr. Tarun Rao but other witnesses have also stated about the role of the petitioners. It is not a case of mere presence of the petitioners, which is the basis of their implication. It is the case of assisting someone to acquire proceeds of crime. The role assigned to the petitioners is that they assisted someone to acquire and conceal the proceeds of crime. It definitely makes out a prima facie case under Section 4 of the Act against the petitioners. A detailed examination or mini-trial at this stage, is not expected of. This Court is of the view that prima facie offence is made out against the petitioners. There is no reason to make any interference in the petitions. Accordingly, both the petitions deserve to be dismissed. Petition dismissed.
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