9911796707
TMI Blog2017 (4) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... no application. Therefore, the Enforcement Case Information Report and the order of attachment are without jurisdiction and are liable to be quashed. As we have, already, held that the writ petitioner cannot be prosecuted for the offences alleged, as they are not the scheduled offences under the PML Act. Those offences under the Mines and Geology (Development and Regulation) Act, 1957, the Forest (Conservation) Act, 1980, the Indian Penal Code and the Prevention of Corruption Act, 1988, were included in the PML Act declaring them as scheduled offences only with effect from June 1, 2009. Hence, the Enforcement Directorate could not have invoked the provisions of the PML Act with retrospective effect. The petitioner cannot be tried and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Writ Petition Nos. 11440-11441 of 2016 (GM-MM-C) In Writ Petition No. 5962 of 2016 - - - Dated:- 13-3-2017 - SUBHRO KAMAL MUKHERJEE, CJ AND BUDIHAL RB, JJ. For the Petitioner : Sri Sudhir Nandrajog, Senior Advocate a/w Sri Mayank Jain, Advocate For the Respondent : Sri Krishna S Dixit, ASG, for R-2 to 4; R-1 is served and unrepresented ORDE By consent of the learned advocates appearing for the parties, all these writ petitions are taken up for hearing together, as similar questions of law are involved in these writ petitions, in order to avoid a conflicting judicial opinion. We are also informed that facts are, almost, identical. However, for the sake of convenience, we are dealing with the facts in relation to Writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ences were allegedly committed between June 21, 2007 and May 15, 2009. Therefore, he submits that all the offences were allegedly committed prior to the coming into operation of the amendment to the PML Act. 6. Section 2(p) of the PML Act defines that money laundering has the meaning assigned to it in Section 3. Section 2(u) provides that the proceeds 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 any such property. Section 2(y) defines the schedule offence as (i) the offences specified under Part A of the Schedule; or (ii) the offences specified under Part B of the Schedule, if the total value involved in such of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2009, and as such, they have no application. 11. Therefore, the Enforcement Case Information Report and the order of attachment are without jurisdiction and are liable to be quashed. As we have, already, held that the writ petitioner cannot be prosecuted for the offences alleged, as they are not the scheduled offences under the PML Act. Those offences under the Mines and Geology (Development and Regulation) Act, 1957, the Forest (Conservation) Act, 1980, the Indian Penal Code and the Prevention of Corruption Act, 1988, were included in the PML Act declaring them as scheduled offences only with effect from June 1, 2009. Hence, the Enforcement Directorate could not have invoked the provisions of the PML Act with retrospective effect. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iples as we have taken above, we find no merit in the initiation of proceedings against the petitioners in these writ petitions under the amended PML Act. Hence, the action taken against them under the said Act is, also, liable to be quashed. 17. In addition to the aforesaid submissions, Mr Nandrajog, learned senior advocate appearing for the writ petitioners in all these writ petitions, submits that till date, no proceeding was advanced against the writ petitioners far less to say about any conviction against the writ petitioners He submits that in the absence of conviction, there could not have been a final order of attachment. 18. An ECIR can, only, be registered once there has been a conviction and a judicial conclusion has been a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
