TMI Blog2016 (7) TMI 1444X X X X Extracts X X X X X X X X Extracts X X X X ..... is in progress. As such, merely for the reason that the information report filed for initiation of investigation does not disclose all the ingredients of the offence under Section 3 of the Act, the investigation cannot be interfered with. The writ petition, in the circumstances, is without merits and the same is, accordingly, dismissed. - WP(C).No. 15378 of 2016 (V) - - - Dated:- 19-7-2016 - THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FOR THE APPELLANT : SRI.B.RAMAN PILLAI (SENIOR ADVOCATE) ADVS.SRI.R.ANIL SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.T.ANIL KUMAR SRI.THOMAS ABRAHAM (NILACKAPPILLIL) SRI.M.VIVEK SRI.B.KRISHNA KUMAR FOR THE RESPONDENT : SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL J U D G M E N T P.B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ojected or claimed it as an untainted property. According to the petitioner, to attract the offence under Section 3 of the Act, both the aforesaid ingredients have to be established. The petitioner, therefore, preferred Ext.P1 representation requesting the fourth respondent to drop the proceedings initiated pursuant to Ext.P2 report. Since there was no response to Ext.P1 representation, the petitioner approached this Court and obtained a direction to the fourth respondent to consider Ext.P1 representation. The said direction was issued by this Court in WP(C).No.20529 of 2014. Pursuant to the said direction, the fourth respondent has now passed Ext.P4 order rejecting the contentions raised by the petitioner in Ext.P1 representation. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering. Section 2(u) of the Act which defines 'proceeds of crime' reads thus: 2(u). 'Proceeds of crime' means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property. It is evident from the aforesaid provisions in the Act that though the commission of a scheduled offence is a fundamental pre- condition for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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