PRATHIBA M. SINGH
Sachin Joshi – Appellant
Versus
Adjudicating Authority, Prevention of Money Laundering Through Its Registrar – Respondent
What are the consequences of an accused's discharge or acquittal in a scheduled offence on money laundering proceedings? What is the validity of a Provisional Attachment Order (PAO) when the accused in the PMLA case has been discharged? How does the discharge of an accused in a predicate offence affect money laundering proceedings under the PMLA?
Key Points: - The discharge or acquittal of an accused in a scheduled offence has consequences on money laundering proceedings under the Prevention of Money Laundering Act (PMLA) [judgement_subject]. - The petitions challenged a Provisional Attachment Order (PAO) issued under Section 5 of the PMLA, seeking the release of attached properties after the accused, Mr. Sachin Joshi, was discharged in the PMLA case [judgement_subject]. - The court found that Mr. Sachin Joshi and his companies were discharged in the PMLA case, and there was no evidence of criminality leading to the generation of proceeds of crime by Mr. Sachin Joshi [judgement_subject]. - The impugned PAO was based on the connection with Mr. Sachin Joshi, and in light of his discharge, the PAO was liable to be quashed/set aside [judgement_subject]. - The court held that the discharge of the accused in the predicate offence had consequences on the money laundering proceedings, and in the absence of a scheduled offence, there could be no offence of money laundering [judgement_subject]. - The authorities under the PMLA cannot prosecute any person on the assumption of a scheduled offence unless it is registered or pending inquiry/trial [judgement_subject]. - The court quashed/set aside the impugned PAO concerning Mr. Sachin Joshi and M/s. Muktanand Agro Farming Pvt. Ltd. and ordered the release of the attached properties [judgement_subject]. - The basis of the PAO was an FIR invoking Sections 420, 406, and 34 of the Indian Penal Code, 1860 [11000754610001]. - The Special Court found no evidence to show any criminality resulting in the generation of proceeds of crime by Mr. Sachin Joshi [11000754610005]. - The Supreme Court in Vijay Madanlal Choudhary & Ors. v. UOI & Ors. held that if a person is finally discharged/acquitted of the scheduled offence, there can be no offence of money-laundering against them (!) (!) . - The court granted liberty to the ED to seek revival of the PAO if there is any change in circumstances [11000754610017].
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present two petitions are connected to each other. Mr. Sachin Joshi, the Petitioner in W.P. (C) 11472/2022 titled 'Sachin Joshi v. Adjudicating Authority, Prevention of Money Laundering through its Registrar and Ors.' is the shareholder/Director of M/s. Muktanand Agro Farming Pvt. Ltd., which is the Petitioner Company in W.P. (C) 11474/2022 titled 'Muktanand Agro Farming Pvt. Ltd. v. Adjudicating Authority, Prevention of Money Laundering through its Registrar and Ors.'. In both of these petitions, the impugned Provisional Attachment Order (PAO) No. 1/2022 dated 14th January, 2022 issued by the Directorate of Enforcement (ED) under Section 5 of the Prevention of Money Laundering Act (hereinafter 'PMLA') is under challenge. In addition, the Petitioners are also seeking a direction for release of the attached properties. The basis of the PAO is FIR No. 109/2020 dated 7th March, 2020 registered with City Chowk Police Station Aurangabad invoking Sections 420, 406 and 34 of the Indian Penal Code, 1860.
3. The allegations against Mr. Sachin Joshi who is accused no. 5 in the ECIR No. ECIR/03/M
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