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UJJAL BHUYAN, N. TUKARAMJI
Manturi Shashi Kumar – Appellant
Versus
Director, Directorate of Enforcement, Department of Revenue – Respondent
JUDGMENT :
UJJAL BHUYAN, J.
1. Heard Mr. Vedula Srinivas, learned Senior Counsel representing Ms. K.Jayasree, learned counsel for the appellants and Mr. V.Ramakrishna Reddy, learned counsel for the Enforcement Directorate i.e., the respondents.
2. This appeal is directed against the order dated 17.10.2022 passed by the learned Single Judge dismissing W.P.No. 45712 of 2018 filed by the appellants as the writ petitioners.
3. Appellants had filed the related writ petition seeking a direction to the respondents, more particularly to respondent No. 2, to release the property from attachment.
4. As per the case of the appellants as projected in the writ affidavit, appellant No. 1 was arrayed as accused No. 1 in F.I.R.No. 369 of 2009 registered before the Patancheru Police Station under Sections 120B, 420, 423, 468 and 471 of the Indian Penal Code, 1860 (IPC). Following investigation carried out by the police, charge sheet was filed in the Court of Additional First Class Judicial Magistrate, Sangareddy, which upon cognizance was registered as C.C.No. 319 of 2010. Following registration of the criminal case, ECIR/02/HZO/2010/1915 was registered under the Prevention of Money Laundering Act, 2002
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
The court upheld the necessity of exhausting statutory remedies under the Prevention of Money Laundering Act before invoking writ jurisdiction, affirming that 'proceeds of crime' includes property in....
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
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