ORDER

1. Learned senior counsel for the petitioners has referred to the Judgment delivered by this Court in the case of Vijay Madanlal Choudhary and Ors. v. Union of India and Ors.decided on 27/7/2022, wherein the consequence of failure of prosecution for the scheduled offence has been provided in the following terms;-

"187. ... .....(d) The offence under Sec. 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which constitutes the offence of money-laundering. The Authorities under the 2002 Act cannot prosecute any person on notional basis or on the assumption that a scheduled offence has been committed, unless it is so registered with the jurisdictional police and /or pending enquiry/trial including by way of criminal complaint before the competent forum. If the person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him or any one claiming such property being the property linked to stated schedule