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 proceeds of crime.

JUDGMENT :

Chittaranjan Dash, J.

1. Heard learned counsels for both the Parties.

2. In the present criminal revision, the Petitioners call in question the legality, propriety and correctness of the order dated 20.01.2023 passed by the Court of the CBI-I, Special Court (PMLA), Bhubaneswar in Crl. Misc. Case (PMLA) No.61 of 2018, whereby their prayer for discharge under Section 227 Cr.P.C. was declined.

Biranchi Narayan Mishra (hereinafter referred to as “Petitioner No.2”) has also filed CRLMC No.1756 of 2019 assailing the order of cognizance dated 25.09.2018 passed by the learned Sessions Judge, Khurda in Complaint Case (PMLA) No.61 of 2018. Likewise, Trilochan Mishra (hereinafter referred to as “Petitioner No.1”) has filed CRLMC No.1758 of 2019 challenging the very same order of cognizance. Since the facts and circumstances involved in CRLREV No.119 of 2023, CRLMC No.1756 of 2019 and CRLMC No.1758 of 2019 are substantially identical; inasmuch as Chhatrapur P.S. Case No.119 of 2015, the resultant G.R. Case, and Complaint Case (PMLA) No.61 of 2018 emanates from the same occurrence and the same factual matrix, the present CRLREV and the connected CRLMCs were taken up together for analogous hearing.

It is also noted that two additional CRLMCs, namely CRLMC No.1757 of 2019 filed by co-accused Surendranath Mishra, and CRLMC No.1775 of 2019 filed by Sri Sri Mahapurusha Achyutananda Trust represented through its Chairman-cum-Managing Trustee, Trilochan Mishra (Petitioner No.1), were also preferred challenging the same order of cognizance. However, CRLMC No.1775 of 2019 was not pressed.

3. The background facts, in brief, are that Opposite Party No.2-the Deputy Director, Enforcement Directorate, Government of India, Bhubaneswar filed a complaint under Section 45 of the Prevention of Money Laundering Act, 2002, which was registered as Complaint Case (PMLA) No.61 of 2018 before the learned Sessions Judge, Khurda at Bhubaneswar-cum-Special Court under the said Act. In the complaint, it was prayed that cognizance be taken of the offence of money laundering and that the Petitioners be proceeded against in accordance with law. A further prayer was made for punishing the accused persons for the offences under Section 3 read with Sections 70(1) and 70(2) of the PMLA, punishable under Section 4 thereof, as well as for the scheduled offences arising out of Chhatrapur P.S. Case No.119 dated 03.09.2015, later converted to CID, CB P.S. Case No.28 of 2015 under Sections 420, 423, 467, 468, 471, 506, 120-B and 34 of the IPC. The Enforcement Directorate also sought confiscation of the properties alleged to be involved in the offence of money laundering in terms of Section 8(5) of the PMLA. Pursuant to the said complaint, the learned court below took cognizance of the offence under Section 4 of the PMLA by order dated 25.09.2018. It is also relevant to note that Opposite Party No.2 subsequently filed a supplementary complaint under Section 45 of the PMLA