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M.M.DAS
Janata Jha – Appellant
Versus
Assistant Director, Directorate of Enforcement, Government of India – Respondent


Counsel for the Parties:
For the Petitioners:M/s. Milan Kanungo, S. Das, S.K. Mishra, A.N. Das & Y.S.P. Babu, Advocates.
For the Opp. Parties : Mr. S.D. Das, Asst. Solicitor General.

JUDGMENT

M.M. Das, J. —This Criminal Misc. Case has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of the proceeding under section 3 of the Prevention of Money Laundering Act, 2002 (for short, ‘the PMLA’) initiated against the petitioners by the opp. party no. 1 vide Enforcement Case Information Report (ECIR) No. 14 of 2010 on the ground that the said proceeding is not only illegal and arbitrary, but also without jurisdiction in view of Section 5(1) proviso (i) of the PMLA as well as for quashing of all consequential proceedings.

2. On the basis of letter No. 503/SR dated 9.4.2010 of the Superintendent of Police, Keonjhar forwarding a copy of an FIR filed under Sections 307/357/387 IPC read with Sections 25 and 27 of the Arms Act, 1959 along with the copies of the seizure reports and statements of prosecution witnesses recorded under Section 161 Cr.P.C. relating to the petitioners, addressed to the Assistant Director, Directorate of Enforcement, Bhubaneswar, it being found that the petitioner No. 2 was involved in large scale smuggling of iron ores and acquired huge properties through illegal means and also through extortion by the concerned Investi

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