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2024 Supreme(J&K) 249

SANJEEV KUMAR
Ahsan Ahmad Mirza – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shariq J. Riyaz; M.S. Bhat
For the Respondent: S.V. Raju; Zoheb Hossein; Manin Jain; T.M. Shamsi; Faizan; Rehana Qayoom; Monika Kohli

JUDGEMENT

1. In this petition filed under section 482, of the Code of Criminal Procedure, 1973, the petitioner seeks quashing of a complaint filed by the respondent against him alleging commission of offence of money laundering under section 3, of the Prevention of Money Laundering Act, 2002 ["PMLA"] as also the impugned prosecution launched against the petitioner pursuant to the order of cognizance dated 2nd December, 2019. The petitioner also prays for quashing of order dated 18th March, 2020 passed by the Designated Special Court (the Court of Principal Sessions Judge, Srinagar), whereby the charges have been framed against the petitioner.

2. The short point that is raised by the learned counsel for the petitioner is that the complaint is eventually instituted by the respondents for prosecution of the petitioner under section 3 and 4 of PMLA and what is alleged against the petitioner is misappropriation of funds of JKCA with criminal conspiracy with other accused persons and that the funds so misappropriated have been laundered by layering them into other bank accounts thereby generating proceeds of crime within the meaning of Section 2(1)(u) of PMLA.

3. It is submitted that with r

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