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2020 Supreme(Kar) 2036

JOHN MICHAEL CUNHA
Katta Subramaniam Naidu S/O Late Srinivasulu Naidu – Appellant
Versus
Deputy Director Directorate Of Enforecemnet Government Of India Ministry Of Finance Department Of Revenue III – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Kiran S Javali, Advocate A/W Sri. Chandrashekara.K., Advocate
For the Respondent: Sri. M.B. Nargund, Asg A/W Sri. P Prasanna Kumar, Spl.Pp

ORDER :

In this batch of petitions, petitioners have questioned the correctness and legality of the proceedings initiated against them under sections 3, 4 and 8(5) of the Prevention of Money Laundering Act, 2002 (for short ‘PML Act’).

2. The common grievance of the petitioners is that they are sought to be prosecuted and the properties belonging to them are sought to be attached / confiscated on the basis of amended law which came into force on 01.06.2009 in respect of the offences which are alleged to have been committed prior to 01.06.2009.

3. For better understanding of the controversy raised in the petitions, narration of the basic facts involved in each case may be necessary. They are recapitulated hereunder:

Criminal Petition No.5698 of 2019

The petitioner in this case was a Minister in the Government of Karnataka at the relevant time. FIR was registered against him in Crime No.57/2010 alleging commission of offences punishable under Sections 7, 8, 12, 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred to as “PC Act”) and sections 419, 420, 465, 468 and 471 r/w. 120B of IPC. After investigation, charge sheet was filed against the petitioner (accused No.1) and

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