IMPORTANT POINT
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.

JUDGMENT :

Anoop Chitkara, J.

1. All these petitions, CRM-M No.39214 of 2020, CRM-M No.30807 of 2021 and CRM-M No.30808 of 2021 are being disposed of by this common order.

2. Aggrieved by registration of ECIR captioned above under ‘The Prevention of Money-Laundering Act, 2002’ [PMLA], based on a predicate offence, which now stands closed, the petitioner has come up before this Court under Section 482 CrPC mainly with the following prayer:-

“(a) Quash ECIR NO. JLZO/01/2013 registered by the Respondent No.1 Directorate of Enforcement for an offence under Section 3 read with Section 4 of Prevention of Money Laundering Act, 2002 (‘PMLA’) and all consequential proceedings arising therefrom including:-

i) Show Cause Notice dated 05.08.2020 (Annexure P-25) purportedly issued under Section 63(3) PMLA for alleged violation of Section 63(2)(c) thereof.

ii) Summon(s) dated 13.08.2020 & 15.10.2020 (Annexure P-27 and P-29) purportedly issued under Section 50(2) and (3) of PMLA;

iii) Communication dated 09.11.2020 (Annexure P-31) issued by the Respondent No.1 ED informing the petitioner that the respondent No.1 ED has decided to pass an order under Section 63 of the PMLA.”

3. I have heard counsel for the parties and have gone through the record. The submissions, counter submissions, and their analysis are being answered para-wise.

4. Petitioner’s stand is being taken from following sub paras of para no.3 of the petition which reads as follows:-

“(3.1) FIR No. 5 dated 23.03.2007 was registered by Respondent No.3 Vigilance Bureau, Ludhiana under Section 409, 420, 465, 467, 471, 201, 120-B of IPC and Section 7, 8, 9, 13(1) (c), 13(1)(d) read with Section 13(2) and 14 of the Prevention of Corruption Act, 1988 pertaining to alleged payment of illegal gratification in the setting up and development of Ludhiana City Centre passed by Improvement Trust, Ludhiana (LIT) in the year 1999. Copy of FIR No. 5 dated 23.03.2007 is annexed herewith as ANNEXURE P-1.

(3.2) While treating the said FIR registered by Vigilance Bureau, Ludhiana as scheduled offence, impugned ECIR No.JLZO/01/2013 was registered by ED, Jalandhar against the Petitioner etc. for alleged commission of offence under Section 3 read with Section 4 of PMLA in the year 2013.A copy of the said ECIR has not been supplied to either the Petitioner or the court concerned.

(3.3) The record now reveals that though, initially a challan in terms of Section 173(2) of Cr.P.C. was filed on 12.12.2007 against various accused including the Petitioner however, subsequently, Supplementary Challan/Cancellation Report in terms of Section 173(8) of Cr.P.C was filed by the SSP, Vigilance Bureau, Ludhiana on 11.08.2017 before the Learned Special Judge (Vigilance), Ludhiana.

(3.4) During the course of investigations, the ED had been issuing various summons in purported exercise of powers under Section 50 (2) & (3) of PMLA.

(3.9) As stated above, on 11.08.2017, Respondent No.2 Vigilance Bureau, Ludhiana through its SSP filed a Supplementary Challan/Cancellation Report under Section 173(8) of Cr.P.C. before the Learned Special Court (Vigilance), Ludhiana/Learned Trial Court which was seized of the matter pertaining to the FIR No. 5/ Scheduled Offence. In the said Supplementary Challan/Cancellation Report, it was clearly stated that no substantive evidence or fact came on record to prove any offence as alleged.

(3.17) Thus, vide order dated 27.11.2019, petitioner etc. had been discharged in the scheduled offence alleged to have been committed by him, on the basis of which the ECIR in question was registered by the respondent ED. Therefore