9911796707
TMI Blog2023 (5) TMI 1429X X X X Extracts X X X X X X X X Extracts X X X X ..... businessman and the wife of the Petitioner is the daughter of a retired M.E. School Teacher. While the Petitioner initially joined service as U.D. Clerk in Central Excise and Customs in the year 1993, he subsequently joined in Odisha Administrative Service in the year 2005. The wife of the Petitioner joined State Government Service in Odisha Finance Service in the year 1999 and both the Petitioner and his wife worked in various capacities in their respective department. The enquiry further revealed that the Petitioner and his wife have acquired six numbers of plots and flats and had constructed a triple storied building at Chandrasekharpur, Bhubaneswar in the name of the mother in law of the Petitioner who had no independent source of inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the present. 4. It is submitted by the learned counsel for the Petitioner, inter alia, that the offence alleged being a scheduled offence, it is premature to seek appearance of the Petitioner before the learned court held the same to be a scheduled offence; further the Petitioner and his wife are two different entities since both of them are public servants and have their own income and expenditure and cannot be taken together for the purpose of the offence alleged. It is further case of the Petitioner that a joint trial of two public servants for the commission of the aforesaid offence on the ground that they are spouses is not envisaged in law. Therefore, the registration of and investigation into the scheduled offence is vitiated an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er and others akin to the provision of PML Act, 2002. It is further submitted that after investigation, prosecution complaint No. 11 of 2022 has been registered by the ED under Section 45 read with Section 44 of the PML Act for commission of offence under Section 3 thereof. According to learned counsel the offence of money laundering is an independent offence regarding the process or activity connected with the proceeds of crime and that the person is not prosecuted for the schedule offence by invoking the provision and the PML Act but only when he derives or obtained property as a criminal activity relating to or in relation to a schedule offence. He further submitted that apprehension of the Petitioner that on his appearance he will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel for the Petitioner as regards the offence as scheduled offence and the cognizance taken by the court on the basis of the registration of the ECIR are matters need to be addressed by the court in seisin over the matter. 8. Prima facie the allegations appearing as reveals from the submission of the parties as well as the documents placed is one under Section 3 of the PML Act, 2002 punishable under Section 4 of the Act. The submissions made in respect to various principles enunciated by the Apex Court as a guide to deal with an application under Section 438 Cr.P.C. need no further elaboration which the court, of course, has to look into. Coming to the case in the present it is found that the properties described to have been acqu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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