AJAY KUMAR GUPTA
E. D. thr. D. N. Poddar, Deputy Director – Appellant
Versus
Papia Rozario – Respondent
JUDGMENT
Ajay Kumar Gupta, J.— The instant Criminal Revisional application has been preferred by the Enforcement Directorate through its Deputy Director under Sections 397, 401 & 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) read with Section 47 of the Prevention of Money Laundering Act, 2002 (in short ‘PMLA’), challenging the correctness, legality and propriety of the order dated 15.12.2017 passed by the Learned Special (CBI) Court No. 1, Calcutta and Special Court of PMLA, Calcutta in ML Case No. 02 of 2013 (Enforcement Directorate through Sh. D.N. Poddar, Deputy Director Vs. Papiya Rozario & Anr.).
2. By the said order, the Learned Special Court discharged the accused persons, namely, Papiya Rozario and Stanley Indrajit Rozario, from the case directing return of the articles confiscated and seized from them upon allowing their petition under Section 227 of the Code.
Facts of the Case:
3. The brief facts, essential for the purpose of disposal of this case, are as follows:-
a. One Gangaram Kariwal filed a complaint under Section 156(3) of Cr.P.C. before the Learned Additional Chief Metropolitan Magistrate, Kolkata, alleging commission of the offence of fraud, ch
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
Section 3 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence.
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
The offence of money laundering under the Prevention of Money Laundering Act, 2002 is an independent offence regarding the process or activity connected with the proceeds of crime, which has nothing ....
The allocation of coal does not constitute proceeds of crime under the Prevention of Money Laundering Act if no illegal gains are derived or shown, particularly after quashing of the related first ch....
The offence of money laundering under the PMLA is a standalone, continuing offence, not dependent on the outcome of related scheduled offences, with a reverse burden of proof on the accused regarding....
The court ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
Assisting in the generation of proceeds of crime does not constitute an offence of money laundering under the Prevention of Money Laundering Act without involvement in subsequent activities related t....
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