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.

JUDGMENT :

Ajay Kumar Gupta, J.

1. The instant Criminal Revisional application has been preferred by the Enforcement Directorate through its Deputy Director under Sections 397 , 401 & 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) read with Section 47 of the Prevention of Money Laundering Act, 2002 (in short ‘PMLA’), challenging the correctness, legality and propriety of the order dated 15.12.2017 passed by the Learned Special (CBI) Court No. 1, Calcutta and Special Court of PMLA, Calcutta in ML Case No. 02 of 2013 (Enforcement Directorate through Sh. D.N. Poddar, Deputy Director Vs. Papiya Rozario & Anr.).

2. By the said order, the Learned Special Court discharged the accused persons, namely, Papiya Rozario and Stanley Indrajit Rozario, from the case directing return of the articles confiscated and seized from them upon allowing their petition under Section 227 of the Code.

FACTS OF THE CASE:

3. The brief facts, essential for the purpose of disposal of this case, are as follows:-

a. One Gangaram Kariwal filed a complaint under Section 156(3) of Cr.P.C. before the Learned Additional Chief Metropolitan Magistrate, Kolkata, alleging commission of the offence of fraud, cheating and encashing the redemption proceeds of the Mutual Fund by opening an account producing forged/fabricated documents at the Axis Bank by the suspects named therein.

b. Pursuant to the direction passed by the Learned Magistrate, a case was registered, being Jorasanko P.S. Case No. 60 dated 24.03.2009 under Sections 120B /409/419/465/467/468/471 and 474 of the Indian Penal Code (in short ‘ IPC ’) against the accused persons, namely, 1. Papiya Rozario, 2. Branch Manager, Axis Bank Limited, 3. S. Mukherjee, Officer, Axis Bank Limited, 4. S. Choudhury, Officer, SS No. S-978, Axis Bank Limited, 5. Branch Manager, Axis Bank Limited, and 6. Authorised Signatory, Axis Bank Limited, Salt Lake Branch.

c. Subsequently, the investigation was transferred to the Anti-Fraud Section, DD, Kolkata Police, Lal Bazar. After completion of the investigation, the charge sheet, being no. 364 dated 16.08.2012 has been submitted against the opposite party no. 1, along with opposite party no. 2, though, the latter’s name was not in the FIR.

d. The Detective Department, Kolkata Police, forwarded a copy of the FIR along with other relevant documents against the accused persons to the Enforcement Directorate (in short ‘ED’). The ED, after scrutinising the entire documents meticulously, found prima facie materials against the accused persons under the provisions of PMLA and thereby registered ECIR/25/KOL/2009/PMLA dated 21.12.2009, since, besides the penal offences, section 467 of IPC was a scheduled offence under PMLA. Thereafter, investigation and inquiry were initiated.

e. After completion of the enquiry, a complaint was filed under Section 45 of the PMLA before the Designated Court for taking cognizance and issuance of process for commission of offences under Section 3 and punishable under Section 4 of the PMLA, 2002. Accordingly, cognizance was taken and the Court duly issued process.

f. On 28.06.2017 and on 31.07.2017, the accused persons filed applications under Sections 227/228 of the Code and supplementary applications for their discharge, suggesting that there were no grounds to frame a charge and praying to be discharged.

g. On 15.12.2017, the Learned Special Court con