9911796707
TMI Blog2019 (5) TMI 1572X X X X Extracts X X X X X X X X Extracts X X X X ..... d that substantial funds to the tune of US dollars 8 billion were stashed in December, 2006. There are reasons to believe that part of such funds slashed in the account of Mr. Hassan Ali Khan at UBS, Zurich and other foreign banks has come from illegitimate and illegal sources and could possibly be funds against sale of Arms/ammunition/weapons to India/other countries in collusion with the renowned arms dealer Mr. Adnan Khashoggi. (ii) There are also reasons to believe that Mr. Hassan Ali Khan is only a front man and is holding such foreign account (s) as a power of attorney holder for some influential politician/bureaucrat of Government of India who is / are the actual beneficial owner(s) of such account(s) / amount earned through corrupt and illegal means. Mr. Hassan Ali Khan is also believed to be dealing in illegal sale of antique items and is also involved in Hawala transactions / money laundering activities. 4. In view of the said allegations, searches were conducted at various places including the residence of Amlendu Pandey where on 9th February, 2016, Indian currency amounting to Rs. 26,30,000/- was recovered and seized. 5. By the impugned order dated 28.06.2016, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttachment in respect of such property which was admittedly the subject matter of the charge-sheet. It has, therefore, become necessary for us to examine whether the property of a person which was merely case of an offence of misappropriation but who died during the pendency of the criminal trial can be attached in the hands of his legal representatives under the provisions of Criminal Law Amendment Ordinance, 1944. 7. As far as making the application for attachment, we find that the law authorises the State Government to make such an application even though proceedings against the person may not yet have resulted in a conviction. This is by virtue of Section 3[2] which empowers the Government to authorise making of such an application to the District Judge where it has reason to believe that any person has committed any scheduled offence. But, however Section 3 requires the Government to make such an application to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides or carries on business; thus clearly requiring the existence of such a person. It excludes the possibility of proceedings against a dead person. Section 4 of the act emp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sider this presumption to have vaporized upon the death of an accused. It may be noted that this Court has time and again reiterated the presumption of innocence of an accused till he is convicted. 9. As far as the circumstances of this case are concerned, we find that there has been a gross mis-carriage of justice at several steps. In the first place, the finding of the trial court that Ramachandraiah was alone responsible for the offences is completely vitiated as null and void since Ramachandraiah had admittedly died on the date this finding was rendered. It is too well settled that a prosecution cannot continue against a dead person. A fortiori a criminal court cannot continue proceedings against a dead person and find him guilty. Such proceedings and the findings are contrary to the very foundation of criminal jurisprudence. In such a case the accused does not exist and cannot be convicted. Consequently, the learned District Judge committed a gross error of law in acting upon such a finding and treating Ramachandraiah as guilty of such offences while making the order of attachment and while confirming the said order of attachment of properties. 10. In such circumstance, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s after death 9. Mr. Rajiv Awasthi, learned counsel for the respondent has filed the short written synopsis wherein the respondent has flied the complaint no. 24/2018 under section 45 of PMLA, 2002. Para 5 of the written submission reads as under:- "That the Answering Respondent has filed Complaint No. 24/2018 under Section 45 of Prevention of Money laundering Act, 2002 on 17.07.2018 against Hassan Ali Khan and 10 others including the Appellant herein who is the Accused No. 5 in the said case, under Section 45 for commission of the offence of money laundering under section 3 punishable under section 4 of PMLA. The Hon'ble Special Court, PMLA had issued the process against the Accused vide order dated 11.11.2018, on the basis of which summons were issued on 04.12.2018. The said complaint is in addition to the Criminal Complaint No. 01/2011 filed in the Hon'ble Court of designated judge under the PMLA, 2002, Session Court, Mumbai on 06.05.2011." 10. It is stated by him that Late Amlendu Pandey was the accused in the prosecution complaint. He, along with the main accused travelled to Singapore via Kathmandu with a criminal intention to avoid immigration checks and also open an acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... commenced but could not be concluded, the Special Court shall, on an application moved by the Director or a person claiming to be entitled to possession of a property in respect of which an order has been passed under sub-section (3) of section 8, pass appropriate orders regarding confiscation or release of the property, as the case may be, involved in the offence of money-laundering after having regard to the material before it 16. There is no force for the learned counsel for the respondent, the intent of the said provision is that in case the trial cannot be conducted by the reason of death of the accused or otherwise, the Special Court shall on an application moved by any party claiming to be entitled to the possession of a property in respect of which an order has been passed under sub-section (3) of section 8 of the Act in the offence of moneylaundering. Late Amlendu Pandey was not convicted in the matter. He was not charge-sheeted. 17. As far as the mandate of sub-section 7 of section 8, no doubt, there is no dispute. However, in order to pass the order by the Special Court under the said provision, there must be a prosecution complaint against the person concerned. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
