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2018 (4) TMI 680

ceeds of Crime” under Section 2(1)(u) of the PML Act is a property which is “derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence”. Scheduled Offence is a predicate offence and the occurrence of the same is a prerequisite for initiating investigation into the offence of money laundering. - The Trial Court has already acquitted the appellant of any offence which can be termed as scheduled offence under the PMLA. The respondent has also fairly agreed to this point - three properties standing in the name of the appellant and which do not from a part of the confiscated properties vide the Trial Court order dated 29.09.2016 and 07.10.2016 are ordered to be released from t .....

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971 to 31.05.2006 has amassed huge assets by corrupt/illegal means either in his own name or in the name of members of his family which were substantially disproportionate to his known sources of income. Smt. Mridula Kapur(the appellant) actively abetted her husband Major General Anand Kumar in acquisition of huge assets. 4. By order dated 22.02.2016, charges were framed against the Appellant and her husband by the Learned Trial Court. 5. After leading evidence and arguments, the trial court/special CBI court by order dated 27.09.2016, acquitted the Appellant from all the charges framed. The operative part of the order reads as under:- (a) A-1/Maj. Gen. (Retd.) Anand Kumar Kapur has been unable to satisfactorily account of the pecuniary sou .....

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d and judgment has attained finality. 9. After passing the acquittal order, the Enforcement Directorate on the basis of the same FIR, Charge Sheet and allegations filed by CBI, filed a PMLA Case No. ECIR/320/DZ/2009, against the Appellant. The Deputy Director, ED vide Order dated 04.11.2016, passed a provisional attachment order against the Appellant. The operational parts read as under:- Therefore, in view of the aforesaid facts and circumstances, I have reasons to believe that Major General Shri Anand Kumar Kapur (Retd.) and his wife Smt. Mridula Kapur could not reasonably explain the sources of the assets at the end of check period and expenditure incurred during the check period and expenditure incurred during the check period vis-&agra .....

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against her. Further vide order dated 29.09.2016 the trial court ordered confiscation of properties worth ₹ 2,24,04,290/- . 12. It therefore now needs to be seen that the properties that stands in the name of the appellant can be treated as proceeds of crime and therefore can be attached under PMLA. Proceeds of Crime under Section 2(1)(u) of the PML Act is a property which is derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence . Scheduled Offence is a predicate offence and the occurrence of the same is a prerequisite for initiating investigation into the offence of money laundering. 13. The Trial Court has already acquitted the appellant of any offence which can b .....

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