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2022 Supreme(SC) 406

VINEET SARAN, J. K. MAHESHWARI
J. Sekar @Sekar Reddy – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
For the Petitioner(s):Anzu. K. Varkey, Advocates
For the Respondent(s):S.V. Raju, Zoheb Hossain, Kanu Agrawal, Sairica Raju, Deepabali Dutta, Anshuman Singh, Ankit Bhatia, Arpit Goel, Harsh Paul Singh, Md. Dewang Singh Chauhan, Mukesh Kumar Maroria, Advocates

JUDGMENT

1. Leave granted.

2. This appeal arises out of the judgment dated 04.02.2021 passed by the Division Bench of the High Court of Madras in Crl. O.P. No. 24200 of 2017 which was filed for quashing of the proceedings in C.C. No. 2 of 2017. The High Court, while dismissing the petition under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') inter-alia held that the argument of the appellant that the FIR with respect to schedule offence was closed for want of evidence and in absence of connected evidence with a crime of schedule offence, the prosecution for offences under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 (for short "PMLA") cannot be sustained. It is also held that the commission of schedule offence may be a fundamental precondition for initiating the proceedings but the offence of money laundering is independent of the schedule offence because the PMLA deals with the process or activity with respect to the proceeds of crime including concealment, possession, acquisition or use, however in the light of the explanation of Section 44(1


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