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TMI Blog2018 (4) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... ermed as scheduled offence under the PMLA. The respondent has also fairly agreed to this point - three properties standing in the name of the appellant and which do not from a part of the confiscated properties vide the Trial Court order dated 29.09.2016 and 07.10.2016 are ordered to be released from the attachments, attached by the ED vide the impugned order dated 17.03.2017 - Appeal allowed - MP-PMLA-3971/DLI/2017 (Stay) MP-PMLA-3869/DLI/2017 (Misc.) MP-PMLA-3870/DLI/2017 (Misc.) & FPA-PMLA-1748/DLI/2017 - - - Dated:- 13-4-2018 - Justice Manmohan Singh : Chairman And Smt. Ananya Ray : Member For the Appellant : Mr. Vivek Kohli, Advocate Mr. Mudit Gupta, Advocate For the Respondent : Mr. Vikas Garg, Advocate JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Smt. Mridula Kapur(the appellant) actively abetted her husband Major General Anand Kumar in acquisition of huge assets. 4. By order dated 22.02.2016, charges were framed against the Appellant and her husband by the Learned Trial Court. 5. After leading evidence and arguments, the trial court/special CBI court by order dated 27.09.2016, acquitted the Appellant from all the charges framed. The operative part of the order reads as under:- (a) A-1/Maj. Gen. (Retd.) Anand Kumar Kapur has been unable to satisfactorily account of the pecuniary sources or the property disproportionate to the tune of ₹ 2, 22, 04, 290/-. (b) So far as, A-2 is concerned, she is the wife of A-1 and it is argued on her behalf that there is no evi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CBI, filed a PMLA Case No. ECIR/320/DZ/2009, against the Appellant. The Deputy Director, ED vide Order dated 04.11.2016, passed a provisional attachment order against the Appellant. The operational parts read as under:- Therefore, in view of the aforesaid facts and circumstances, I have reasons to believe that Major General Shri Anand Kumar Kapur (Retd.) and his wife Smt. Mridula Kapur could not reasonably explain the sources of the assets at the end of check period and expenditure incurred during the check period and expenditure incurred during the check period vis- -vis, their assets at the beginning of check period and income during the check period as per the charge sheet of CBI. And whereas, in this matter, CBI has filed a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... needs to be seen that the properties that stands in the name of the appellant can be treated as proceeds of crime and therefore can be attached under PMLA. Proceeds of Crime under Section 2(1)(u) of the PML Act is a property which is derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence . Scheduled Offence is a predicate offence and the occurrence of the same is a prerequisite for initiating investigation into the offence of money laundering. 13. The Trial Court has already acquitted the appellant of any offence which can be termed as scheduled offence under the PMLA. The respondent has also fairly agreed to this point. 14. In the circumstances, the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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