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2017 Supreme(Kar) 360

SUBHRO KAMAL MUKHERJEE, BUDIHAL R.B.
OBULAPURAM MINING COMPANY PVT LTD. – Appellant
Versus
JOINT DIRECTOR DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: Sudhir Nandrajog, Mayank Jain, Lakshminarayana N.
For the Respondents: Krishna S. Dixit, Aditya Singh

ORDER :

By consent of the learned advocates appearing for the parties, all these writ petitions are taken up for hearing together, as similar questions of law are involved in these writ petitions, in order to avoid a conflicting judicial opinion. We are also informed that facts are, almost, identical.

However, for the sake of convenience, we are dealing with the facts in relation to Writ Petition No. 5962 of 2016.

2. Writ Petition No. 5962 of 2016 is filed challenging the action of the authorities in lodging and enforcing of an Enforcement Case Information Report, being No ECIR/83/BZ/2010, dated September 22, 2010, and an order of attachment, both provisional and final, under the provisions of the Prevention of Money Laundering Act, 2002 [for short, the PML Act].

3. Mr. Sudhir Nandrajog, learned senior advocate, appearing in support of the writ petitioner, raised a short, but interesting point. He submits that the offences alleged against the writ petitioner are not scheduled offences under the PML Act, and, therefore, the writ petitioner could not be prosecuted under the provisions of the PML Act.

4. Mr. Sudhir Nandrajog draws our attention to the ECIR at Annexure-B to the writ petitio


















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