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2022 Supreme(Mad) 487

PARESH UPADHYAY, A.D.JAGADISH CHANDIRA
Petitioner – Appellant
Versus
Respondent – Respondent


JUDGMENT :

Paresh Upadhyay, J.

1. Challenge in this petition (under Article 226 of the Constitution of India) is made to the proceedings instituted by the Directorate of Enforcement, Chennai Zonal Office II against the writ petitioner, vide ECIR No. CEZO-II/21/2020 dated 22.12.2020.

2. Learned Senior Advocate for the petitioner has taken this Court extensively through the relevant provisions of PMLA and amendments therein, including to the schedule, to contend that, the petitioner cannot be tried at all by invoking the said Act. Without prejudice to it, it is further submitted that, even on merits, the institution of the proceedings against the petitioner is illegal.

3. On the other hand, learned advocate for the respondent authorities has contended that, the petitioner is being dealt with strictly in accordance with law and it is well within the powers of the respondent authorities and no exception be made to the impugned proceedings. Reliance is also placed on the decision of the Division Bench of this Court recorded on Crl.O.P.Sr.No.46376 of 2021 dated 27.01.2022 to contend that, this petition is not maintainable. Learned advocate for the respondent has requested that, so far the fa

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