The offence of money laundering is independent of the scheduled offence trials, and the trial under PMLA continues irrespective of pending proceedings related to scheduled offences.

JUDGMENT :

TRIBHUVAN DAHIYA, J.

The petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023, for setting aside the order dated 07.02.2025, Annexure P-19, passed by the trial Court, dismissing the petitioner’s application to defer further proceedings of the case bearing CIS No.COMA-1-2022 arising out of ECIR/02/STF/2021, dated 21.01.2021. The deferment was sought on the ground that further proceedings in the scheduled/predicate offence, i.e., FIR No.35 dated 05.03.2015, registered under Sections 21 , 24, 25, 27, 28, 29, 30, 61 of the NDPS Act, Sections 25 /54 of the Arms Act, 1959, and Section 66 of the Information Technology Act, 2000, at Police Station Sadar Jalalabad, District Fazilka, remained stayed in terms of interim order, dated 10.04.2024, passed by the Supreme Court in Special Leave to Appeal (Crl.) No.2100 of 2024.

2. The petition has been filed on the following facts:

2.1. The petitioner was implicated and summoned as an additional accused in exercise of powers under Section 319 of the Code of Criminal Procedure (Cr.P.C.) after trial in case FIR No.35 dated 05.03.2015 had concluded, vide order dated 05.03.2021. The proceedings arraigning him as additional accused were challenged, and finally decided by the Supreme Court by answering a reference as to whether the power under Cr.P.C. could be invoked after the trial was over. It has been held that once the trial Court pronounces the order of sentence it becomes functus officio, and has no jurisdiction to pass an order under Cr.P.C. Accordingly, the order summoning the petitioner as additional accused was set aside vide order dated 09.02.2023.

2.2. In the meanwhile, searches were carried out by the respondent/Enforcement Directorate (ED), and on 21.01.2021, after a period of about six years from the date of registration of the aforementioned FIR under the NDPS Act, the ED registered ECIR/02/STF/2021 for carrying out investigation for commission of offences under Sections 3 and 4 of the Prevention of Money Laundering Act (PMLA), 2002, on the ground that the offences falling under Sections 21 , 23, 27-A and 29 of the NDPS Act, 1985, and Section 25 of the Arms Act are scheduled offences under the PMLA. The petitioner was arrested on 11.11.2021; he was later granted regular bail by this Court vide order dated 27.01.2022. The complaint against him under the PMLA case was filed before the Special Court on 06.01.2022, whereupon cognizance was taken vide order dated 20.01.2022. The complaint inter alia alleges as under:

46. That as per the facts revealed during investigation under PMLA, 2002, Gurdev Singh has smuggled Heroin on several number of times and has received money from the recipients of Heroin in India and from Major Singh Bajwa through Western Union Money Transfer. He was also in close contact with Shri Sukhpal Singh Khaira as stated by both of them under their respective statements recorded under Section 50 of PMLA, 2002. Investigation also revealed that Shri Sukhpal Singh Khaira had provided protection to Shri Gurdev Singh for doing illegal dealing in Heroin trade. Shri Gurdev Singh in his statement under Section 50 of PMLA, 2002, stated that he had borne expenses on account of election campaign of Shri Sukhpal Singh Khaira. Further during the investigation under PMLA, 2002, huge unaccounted expenses and cash deposits by Shri Sukhpal Singh Khaira to the tune of Rs.3.84 Crores have been revealed which establishes that Gurdev Singh not only borne expenses on account of election campaign of Shri Sukhpal Singh Khaira, but