TMI Blog2021 (4) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... ence on which ECIR was registered has been compounded by accepting C report by concerned J.M.F.C at Aurangabad, in my view cannot be derooted the commission of offence of money laundering, as described in Section 3 punishable under Section 4 of PMLA. Because sub-clause (i) of the explanation of Section 3, which elaborates the activities connected with proceeds of crime i.e may be concealment, may be possession, may be acquisition, may be use, may be projecting as untainted property or may be claiming as untainted property in any manner whatsoever - accepting C summary final report or compounding of scheduled offence will not give automatic nullification of the acts done by the accused under PMLA. There are no hesitation to extend judicial custody of both the accused till ED may file final report. Further, under Section 167 of Cr.P.C., there is adequate grounds, for authorize detention of the accused. Hence, judicial custody of both the accused is extended for next 14 days. The accused has to be remanded to judicial custody. Therefore, question of releasing them on any bond, as prayed does not arise - Application dismissed. - Order Below Exh.7 & 8 In PMLA RA No.117 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... came to be arrested. They were remanded and now taken in judicial custody. 5. They submitted that, in view of closure report filed by the City Chowk Police Station, Aurangabad, in the FIR No.109/2020, concerned Judicial Officer by order dt.12.02.2021 have accepted the closure report after hearing the prosecution. In that report the affidavit sworn by the complainant Mahendra Sampatraj Surana in respect of receipt of amount and lodged report due to misunderstanding was accepted. Due to which now there is non-existence of the schedule offence. As the ECIR has been registered on the basis of schedule offence, the concerned Judicial Offence by order dt.12.02.2021 had accepted the C closure report, hence, no proceeding now exists thereto proceeds against the accused. In such circumstances, ECIR which is based on the schedule offence has no substance, hence, the accused cannot be remanded further in judicial custody under Section 167 (2) of Cr.P.C. Therefore, they prayed that accused be released immediately. They are ready to execute bonds as per order of this Court for securing their presence whenever required and hence, prayed that, both the applicants be released from the custod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed offence is a sine qua non for the offence of moneylaundering which would generate the money that is being laundered. PMLA contains schedules which originally contained three parts, namely, Part A. Part B and Part C. Part A contains various paragraphs which enumerate offences under the Penal Code... ii) It has been further brought on record the observations in the case of STATE OF PUNJAB Versus DAVINDER PAL SINGH BHULLAR AND OTHERS, (2011) 14 Supreme Court Cases 770. Wherein it has been observed along with relying over earlier precedent that, 107. It is a settled legal proposition that if initial action is not in a consonance with law, all subsequent and consequential proceedings would fall through for the reason that illegality strikes at the root of the order. In such a fact situation, the legal maxim sublato fundamento cadit opus meaning thereby that foundation being removed, structure/ work falls, comes into play and applied on all scores in the present case. 108. Once the basis of a proceeding is gone, all consequential acts, actions, orders would fall to the ground automatically and this principle is applicable to judicial, quasi-judicial and administrative pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court in Criminal Revision Application No.22 of 2021 dt.08.02.2021, originated from the same remand, have categorically held that, the Trial Court after taking into consideration various attending circumstances has rejected the request of the applicant for further custodial interrogation of the respondent Nos.2 and 3. In view of the above and after perusing the impugned order dated 2nd February,2021, this Court is of the considered view that, further custodial interrogation of the respondent Nos.2 and 3 is not necessary. Therefore, when this Court has passed order and taken accused in judicial custody and same has been upheld by the Hon. High Court, in such circumstances, further judicial custody of the accused is necessary. 11. After going through the submissions of both the sides it is proceeds of crime which construes an offence of money laundering under Section 3 punishable under Section 4 of P.M.L.Act, if such a person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a party or is actually involved in one or more of the following process or activities connected with proceeds of crime namely concealment or possession or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the acts done by the accused under PMLA. 14. In view of Section 44 (c) if the court which has taken cognizance of the scheduled offence is other than the Special Court which has taken cognizance of the complaint of the offence of money-laundering under sub-clause (b), it shall, on an application by the authority authorised to file a complaint under this Act, commit the case. Even if the learned Magistrate has accepted C closure report by passing reasoned order, but further progress of investigation in this ECIR, in my opinion, cannot be cut down at this primary/nascent stage itself. What may be the outcome of further investigation will definitely swing either way. But at this stage or moment and being accused in judicial custody of this Court, under Section 167 of Cr.P.C. the custody of the accused has to be extended in the event that there exist grounds for beleving that accusation or information is well founded. Therefore, I have no hesitation to extend judicial custody of both the accused till ED may file final report. Further, under Section 167 of Cr.P.C., there is adequate grounds, as discussed earlier, for authorize detention of the accused. Hence, judicial custody ..... X X X X Extracts X X X X X X X X Extracts X X X X
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