TMI Blog2023 (6) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... alidity of Sections 50, 63 and other provisions of the PMLA, also seeking consequential reliefs which otherwise would tantamount to by-passing the other alternative efficacious forums available to the petitioners under the law. The writ petition stands dismissed as withdrawn with limited liberty. - WRIT PETITION (CRIMINAL) NO. 219/2023 WRIT PETITION (CRIMINAL) NO. 224 OF 2023 - - - Dated:- 30-5-2023 - HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA (VACATION BENCH) For the Petitioner : Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Siddharth Aggarwal, Sr. Adv. Ms. Surabhi Singh, Adv. Ms. Asha Gopalan Nair, AOR Mr. Siddarth Seem, Adv. Ms. Nivedita Nair, Adv. Mr. Siddharth Agarwal, Sr. Adv. Ms. Aaka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition unconditionally so far as prayers contained in paragraph-7 i.e. prayer clause are concerned, except the prayer contained in first part of prayer clause (b), i.e. Quash the ECIR bearing ECIR/RPZO/11/2022 as being without jurisdiction . It is further clarified that as and when any proceeding with regard to the said prayer clause (b) is filed, the same shall be considered and decided by the concerned court on its own merits and in accordance with law. 4. It is pertinent to note that in the instant case, the petitioners had filed Writ Petition (Crl) No. 198 of 2023 before the High Court challenging the action taken by the respondent-Directorate of Enforcement under Section 17 of the Prevention of Money-Laundering Act, 2002 ( the PML ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f India vs. Ganpati Dealcom Private Limited (2023) 3 SCC 315 , wherein this Court expressed an opinion that the ratio laid down in Vijay Madanlal Choudhary with respect to confiscation proceedings under Section 8 of the PMLA, required further exposition in an appropriate case and that without such exposition, much scope is left for arbitrary application. Learned senior counsel also drew our attention to an order passed by another Two Member Bench of this Court in a writ petition being Writ Petition (Crl.) No.65 of 2023, challenging some of the provisions of the PMLA. By an order dated 03.03.2023, a Two Member Bench of this Court directed the said writ petition to be placed when the Bench would be sitting in a combination of three Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the respondents are canvasing in this case, have nothing to do with those two issues. Therefore, the accused cannot have a piggyback ride on the review petition. 117. In fact, as we have pointed out elsewhere, the accused have not come up with any appeal challenging the order of the High Court dated 01.09.2022. Therefore, they are entitled at the maximum, to argue only for the dismissal of the appeals filed by ED and others against the said decision. Suppose we agree with the learned counsel for the accused and dismiss the appeals filed by ED, even then they cannot have an escape route since the impugned order of the High Court protects them only till the other proceedings are kept at bay. 118. Therefore, the accused is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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