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TMI Blog2010 (8) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... cated as required by Section 19. There is only a prayer for quashing the judicial remand order dated 13.10.2009. HELD THAT:- A perusal of that remand order shows that no such ground was taken before the Court below at the time when the petitioner was being remanded for detention by a judicial order of the Court below. Being a Pure question of fact, not raised before the Court below, this cannot be permitted to be raised for the first time in writ jurisdiction. Moreover, there is a denial of this fact in the counter affidavit making it a disputed question of fact. Most important of all, after the remand dated 13.10.2009 there would have been several other judicial remand orders which are not under challenge. Therefore, the prayer for qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edule by the amending Act of the year 2009 with effect from 1.6.2009. For appreciating the argument it is necessary to quote Section 3, section 2 (u) and 2 (v) of the Act : 3. Offence of money-laundering.- Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering. 2 (u) procceds of crime means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of such property. 2 (v) property means any any property or assets of every ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . At this stage we are concerned with the allegations, and not with the consideration whether the allegations will ultimately be proved or not, It has been argued from the respondents' side, relying upon various allegations about acts of omission and commission, that attempt is still going on for laundering the money acquired illicitly, by way of showing the same to be the legitimate income of persons closely related to the petitioner. 9. In the circumstances, I am of the view that the petitioner is not being prosecuted merely for any act which was not a scheduled offence on the date when it was committed. Therefore, the fundamental right of the petitioner guaranteed by Article 20 (1) is not being violated. 10. It has also been ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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