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2023 (11) TMI 1084 - HC - Money LaunderingSeeking ex-parte ad-interim stay of the proceeding - applicant/petitioner submit that the proceedings in the said ECIR ought to be stayed against the petitioner as the predicate offence for the said ECIR are the proceedings under Section 135 of the Customs Act, 1962 which has already been stayed by this Court - HELD THAT - A perusal of the Provisional Attachment Order No.06/2023 dated 03.11.2023 issued by the Deputy Director, ED, particularly the material placed before the Authority (para 2(i)) and the cause of action under the PMLA (para 4.1) reveals that the present ECIR dated 17.07.2023 was recorded by the respondent ED, as Section 135 of the Customs Act, 1962 is a scheduled offence under the PMLA, whereunder the complaint was registered for the illicit export of foreign currency. The facts also reveal that dismissal of the adjudication proceedings against the petitioner vide order in PAWAN MUNJAL VERSUS COMMISSIONER OF CUSTOMS, NEW DELHI 2022 (4) TMI 212 - CESTAT NEW DELHI has led to the petitioner being absolved of all charges. In fact, the Division Bench of this Court in CUSAA No.3/2023 has affirmed the same vide order dated 05.10.2023. Considering what is borne out from the aforesaid and finding merit in the submissions made by the learned senior counsels for the petitioner, especially the peculiar facts and circumstances involving the common set of facts forming the genesis of all the three proceedings, being the proceedings before the CESTAT, the complaint case pending before the learned ACMM-01, Patiala House Court and the present ECIR, against the petitioner and taking note of the earlier order dated 03.11.2023 passed by this Court wherein the proceedings initiated by the Department of Revenue have been stayed, this Court is of the prima facie opinion that there is sufficient materials to stay the proceedings qua the petitioner. Accordingly, till the next date of hearing, ECIR/DLZO-I/39/2023 dated 17.07.2023 and all proceedings emanating therefrom, including the summoning order dated 10.11.2023, shall remain stayed qua the petitioner - Renotify on 21.03.2024.
Issues involved:
The issues involved in the judgment are the petitioner seeking directions to quash the ECIR and stay the proceedings under the Prevention of Money Laundering Act, 2002. Directions sought by the petitioner: The petitioner seeks directions to quash the ECIR dated 17.07.2023 and stay the proceedings under the PMLA based on the predicate offence under the Customs Act, 1962. Arguments by the petitioner for stay: The petitioner's senior counsels argue that the proceedings in the ECIR should be stayed as the predicate offence under the Customs Act has been stayed by the court previously. They rely on legal precedents to support their argument that the proceedings under the PMLA should be stayed until the final determination of the predicate offence. Opposition by the respondent ED: The special counsel for the respondent ED opposes the grant of stay, arguing that the petitioner's exoneration by the CESTAT does not affect the proceedings under the PMLA. The respondent contends that the offence under the PMLA is independent and not dependent on the Customs Act proceedings, citing legal provisions and precedents to support their position. Court's analysis and decision: After considering the arguments from both sides and examining the relevant documents, the court finds merit in the petitioner's submissions. The court notes the dismissal of adjudication proceedings against the petitioner by the CESTAT and the stay order passed by the court related to the Customs Act proceedings. Based on these findings, the court decides to stay the proceedings under the ECIR dated 17.07.2023 against the petitioner until the next date of hearing. Final order and instructions: The court orders that the ECIR and all proceedings stemming from it, including the summoning order, shall remain stayed specifically concerning the petitioner until the next date of hearing. The respondent ED is permitted to proceed with the proceedings against other individuals named in the ECIR. The case is renotified for further proceedings on 21.03.2024.
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