The pendency of attachment proceedings under PMLA does not prevent the initiation of prosecution under PMLA if there is prima facie evidence of an offence under Section 3 of PMLA.

JUDGMENT

Gurvinder Singh Gill, J. - The petitioner Navdeep Singh has filed this petition seeking quashing of Complaint Case No.CNR No.PBJL010005702017 of 2017 (COMA 2/2017) dated 16.1.2017 (Annexure P-7) pertaining to offence under Section 3 punishable under Section 4 of Prevention of Money Laundering Act 2002 (hereinafter refered to as 'PMLA') and also summoning order dated 16.1.2017 (Annexure P-8) and all the subsequent proceedings arising therefrom, which are stated to be pending in the Court of Special Judge (Prevention of Money-Laundering Act, 2002), Jalandhar.

2. A few facts, necessary to notice are that the petitioner alongwith co-accused Sarabjit Singh was tried by the Special Court (Narcotic Drugs and Psychotropic Substances Act, 1985), Jalandhar in respect of FIR No.18 dated 4.6.2009 registered under Sections 21 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') wherein it was alleged that Navdeep Singh and Pal Singh (since deceased) had been found in illegal possession of 95 grams of 'heroin' which was recovered from the vehicle in which they were travelling together on 4.6.2009. An amount of Rs. 9 lacs was also recovered from underneath the rear seat of the vehicle, which had been kept in a bag. However, the third accused accompanying Navdeep Singh and Pal Singh managed to escape from the spot.

3. On the next day i.e. on 5.6.2009, the third accused namely Sarabjit Singh, who had run away from the spot, was arrested on the basis of secret information and who upon interrogation disclosed that he had kept concealed 'heroin' and led the police party to the disclosed place from where 4 kgs. of 'heroin' was recovered. The learned Special Court, Jalandhar vide its judgment dated 12.6.2018, sentenced Navdeep Singh to undergo rigorous imprisonment for one year and to pay fine amounting to Rs. 25,000/- while attributing recovery of 95 grams of 'heroin' to him. The co-accused Sarabjit Singh was sentenced to undergo rigorous imprisonment for 12 years and imposed fine amounting to Rs. 2 lacs, on account of recovery of 4 kgs. of 'heroin' at his instance.

4. Pursuant to the recovery of amount of Rs. 9 lacs alongwith 'heroin' regarding which FIR No.18 dated 4.6.2009 was lodged against Navdeep Singh and Others by State Special Narcotics Cell (SSNC), Ludhiana, an intimation regarding the same was sent by SSNC to Directorate Enforcement (Foreign Exchange Management Act and Prevention of Money-Laundering Act), Department of Revenue, Government of India and proceedings under Section 5 of Prevention of Money-Laundering Act, 2002 were initiated. Vide order dated 18.3.2016 (Annexure P-4), a provisional order of attachment of the amount of Rs. 9 lacs was passed by Deputy Director, Directorate of Enforcement in terms of Section 5(1) of PMLA Act. The provisional order was forwarded to the Adjudicating Authority in terms of requirements of Section 5(2) of PMLA. A complaint was also filed before Adjudicating Authority in terms of Section 5(5) of PMLA Act. Subsequently, vide order dated 8.7.2016 (Annexure P-5), the provisional order of attachment was confirmed by the Adjudicating Authority in terms of provisions of Section 8(3) of PMLA. The operative portion of order dated 8.7.2016 (Annexure P5) reads as follows:-

"17. It is accordingly held that the property has been attached under Sction 5 is involved in Money Laundering. The Defendant are in possession of "proceeds of Crime" within the meaning of provisions of Prevention of Money Laundering Act, 2002 and accordingly it is ordered that the attachment of the property shall continue during the pendency of the proceedings relating to any offence under this Act before a court of under corresponding law of any other country, before the competent court of criminal jurisdiction outside india, as the case may be; and become final after an order of confiscation is passed under subsection (5) to sub-sectio (7) of Section 8 or section 588 or sub-sec