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2023 (11) TMI 1083 - PATNA HIGH COURTMoney Laundering - continuation of ECIR instituted under the PMLA against the petitioner - petitioner stands acquitted of the charges in a duly constituted criminal trial of the allegations of committing the predicate offence - HELD THAT:- The Hon’ble Supreme Court in VIJAY MADANLAL CHOUDHARY & ORS. VERSUS UNION OF INDIA & ORS. [2022 (7) TMI 1316 - SUPREME COURT] has clearly observed that such property which is derived or obtained directly or indirectly as a result of criminal activity relating to a scheduled offence can be recorded as proceeds of crime but the authorities under the 2002 Act cannot resort to action against any person for Money Laundering on an assumption that the property recovered by them must be proceeds of crime and that a scheduled offence has been committed unless the same is registered with the jurisdictional police or pending inquiry by way of complaint before the competent forum and in the event the person named in the criminal activity relating to a scheduled offence is finally absolved by a court of competent jurisdiction owing to an order of discharge, acquittal or because of quashing of the criminal case (schedule offence) against him their can be no action for money laundering against such a person or person claiming through him in relation to the property link to the stated scheduled offences. The order passed by the learned Session Judge, Patna whereby cognizance of offence under Section 4 of the Act has been taken and the petitioner has been summoned is hereby quashed - Petition allowed.
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