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 8 other accused persons in charge sheet No.4/2011 dated 07.07.2011 by the Karnataka Lokayuktha. The offences alleged against the petitioner were punishable under sections 7, 13(1)(d) read with 13(2)of PC Act and sections 465, 471 r/w. 120-B of IPC. He was summoned before the XXIII Addl. City Civil & Sessions Judge and Special Judge under Prevention of Corruption Act, Bengaluru City, in Spl.C.C.No.135/2011. The application filed by him under section 227 Cr.P.C. seeking discharge having been rejected, the petitioner challenged the said order before this court in Criminal Revision Petition No.432/2013. By order dated 03.11.2016, the revision petition was allowed and the order dated 29.04.2013 passed by the court below in Spl.C.C.No.135/2011 rejecting the application filed by the petitioner under section 227 Cr.P.C. was set-aside and the petitioner (accused No.1) was discharged. In the same order, Criminal Petition No.2313/2016 filed by accused No.9 Sri.M.Gopi was allowed and the proceedings pending against him in Spl.C.C.No.135/2011 were quashed. The FIR registered against accused No.3 S.V.Srinivas and the charge sheet filed against him were also quashed by orders of this Court dated 10.03.2016 in Criminal Petition No.5102/2015.

4. That being the facts, a complaint (ECIR.No.07/BZ/2011) was filed by the Deputy Director, Directorate of Enforcement under section 45(1) of the PML Act, 2002 on 24.03.2014 against the petitioner and 23 other accused persons seeking their prosecution under sections 3 and 4 of the PML Act and also for confiscation of all the attached properties (provisionally attached vide Provisional Attachment Order No.07/2012 dated 25.09.2012 and Provisional Attachment Order No.01/2014 dated 24.01.2014) under section 8(5) of PML Act. This was registered in Spl.C.C.No.124/2014. In the said complaint, it was alleged that the report filed by the Lokayuktha under section 173 of Cr.P.C. (Charge sheet No.04/2011 dated 07.07.2011) disclosed that the petitioner directly as well as indirectly indulged, knowingly assisted, knowingly was a party and was actually involved in process and activities connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property. The amounts involved in the offence of money laundering were quantified as:-

i. Rs.5,09,27,700/-[as mentioned at para 6(x)] directly withdrawn from ITACA account and

ii. Rs.21,95,80,000/-[as mentioned at para 6(x)] obtained through Mr. K.S. Jagadish (his son), withdrawn from ITACA account.

Total amount : Rs.27,05,07,700/-

Crl.P.No.6060/2019

5. Accused Nos.6 to 11 and 19 to 21 in Spl.C.C.No.124/2014 are the petitioners in this case. Accused No.6 is the wife of accused No.1. Accused No.7 is the sister of accused No.2 a