TMI Blog2024 (5) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... led offence only if the conspiracy alleged is of committing an offence which is specifically included in the Schedule to the PMLA. In this case, admittedly, the offences alleged in the complaint except Section 120-B of IPC are not the scheduled offences. Conspiracy to commit any of the offences included in the Schedule has not been alleged in the complaint. ECIR/RPZO/11/2022, which is the subject matter of the complaint, is based on the offences relied upon in the complaint. As the conspiracy alleged is of the commission of offences which are not the scheduled offences, the offences mentioned in the complaint are not scheduled offences within the meaning of clause (y) of sub-Section (1) of Section 2 of the PMLA. There is no provision in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. K.M. Nataraj, A.S.G. Mr. Avdhesh Kumar Singh, A.A.G. Mr. Mukesh Kumar Maroria, AOR Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mrs. Sairica Raju, Adv. Mr. Kanu Agarwal, Adv. Mr. Arkaj Kumar, Adv. Mr. Apoorv Kurup, Adv. Mr. Ravi Sharma, Adv. Ms. Prerna Dhall, Adv. Mr. Piyush Yadav, Adv. Mr. Prashant Singh, Adv. Mr. Nikhilesh Kumar, Adv. Mr. Srinivasan M Bogisam, Adv. M/S. VMZ CHAMBERS, AOR JUDGMENT ABHAY S.OKA, J 1. Taken up for final hearing as notice has already been issued on the petitions. In substance, in these Writ Petitions, the only challenge that survives is to the complaint filed by the Directorate of Enforcement under Section 44(1)(b) of the Prevention of Money-Laundering Act, 2002 (for short, the PMLA ) concerning ECIR/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired; d. The issue of whether the appellant has used tainted money forming part of the proceeds of crime for acquiring the second property can be decided only at the time of trial; and e. The offence punishable under Section 120-B of the IPC will become a scheduled offence only if the conspiracy alleged is of committing an offence which is specifically included in the Schedule. ( underline supplied ) 3. Hence, the offence punishable under Section 120B of the IPC could become a scheduled offence only if the conspiracy alleged is of committing an offence which is specifically included in the Schedule to the PMLA. In this case, admittedly, the offences alleged in the complaint except Section 120-B of IPC are not the scheduled offences. Conspir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 4 of the PMLA, can be taken by the Special Court is upon a complaint filed by the Authority authorized on this behalf. Section 46 of PMLA provides that the provisions of the Cr.PC (including the provisions as to bails or bonds) shall apply to proceedings before a Special Court and for the purposes of the Cr.PC provisions, the Special Court shall be deemed to be a Court of Sessions. However, sub-section (1) of Section 46 starts with the words save as otherwise provided in this Act. Considering the provisions of Section 46(1) of the PMLA, save as otherwise provided in the PMLA, the provisions of the Code of Criminal Procedure, 1973 (for short, Cr. PC) shall apply to the proceedings before a Special Court. Therefore, once a comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused in the complaint. In the case of those petitioners who are not shown as accused in the complaint, it is unnecessary to entertain the Writ Petitions since the complaint itself is being quashed. 9. Hence, we pass the following order: (i) Writ Petition (Crl.) Nos.153/2023 and 217/2023 are disposed of; (ii) The complaint based on ECIR/RPZO/11/2022, as far as the second petitioner (Anwar Dhebar) in Writ Petition (Crl.) No.208/2023 is concerned, is hereby quashed. The Writ Petition is, accordingly, partly allowed; (iii) The complaint based on ECIR/RPZO/11/2022, as far as the petitioner (Arun Pati Tripathi) in Writ Petition (Crl.) No.216/2023 is concerned, is hereby quashed. The Writ Petition is, accordingly, allowed; (iv) There will be no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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