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2022 Supreme(Online)(KER) 3643

HIGH COURT OF KERALA
K.HARIPAL, J
N.JAYAMURUGAN – Appellant
Versus
THE ADJUDICATING AUTHORITY (UNDER PREVENTION OF MONEY LAUNDERING ACT), REP BY THE CHAIRMAN – Respondent


Advocates:
For the Appellants/Petitioners: S.SREEKUMAR (SR.), BIJU VARGHESE ABRAHAM, K.M.ANEESH, N.R.R. ARUN NATARAJAN, SHASHANK DEVAN
For the Respondents: SRI.P.VIJAYAKUMAR, ASG OF INDIA, SRI.SUVIN R.MENON, CGC

Table of Content
1. jurisdiction under prevention of money laundering act (Para 1 , 2)
2. nature of lottery operation and charges against petitioner (Para 3 , 4 , 5 , 6)
3. court's observations on legal arguments and charges (Para 10 , 19 , 20)
4. arguments regarding jurisdiction and maintainability (Para 11 , 12 , 13)
5. criteria for invoking writ jurisdiction amid alternative remedy (Para 28 , 30 , 32 , 33)
6. final conclusion: writ petition dismissed (Para 36)

JUDGMENT

This is a writ petition filed under Article 226 of the Constitution seeking the following reliefs:-

“a) Declare that the Respondents 2 and 3 herein have no jurisdiction to initiate proceedings as against the Petitioner under the provisions of Prevention of Money Laundering Act since the petitioner cannot be held to be in possession of any proceeds of crime within the meaning of Section 2 (u) of the Prevention of Money Laundering Act, 2002 after the petitioner has been discharged in respect of alleged offences under Section 4 (d) and 4(f) of the Lotteries Regulation Act and Rule 4(5) of the Lotteries Regulation Rules, by order dated 20.01.2018 by the Chief Judicial Magistrate, Ernakulam in C.C. No. 218/2015 and the same was

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