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TMI Blog2015 (8) TMI 1439X X X X Extracts X X X X X X X X Extracts X X X X ..... being processed for projecting it untainted. The question cannot be decided merely on the basis of the affidavit filed by the appellant. The respondent should be permitted to conduct investigation to arrive at a definite finding. The jurisdiction in a case of this nature is a mixed question of law and fact and the same cannot be decided on the basis of half baked materials produced by the appellant. Petition dismissed being not maintainable. - W.A.No.764 of 2015 & M.P.No.1 of 2015 - - - Dated:- 18-8-2015 - Mr. Satish K. Agnihotri And Mr. K.K.Sasidharan, JJ. For Appellants : Mr.Prakash Goklaney For Respondent : Mr. M. Dhandapani JUDGMENT K.K.SASIDHARAN, J This writ appeal is directed against the order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it petitioner is before this Court. Rival Submissions: 5. The learned counsel for the appellant contended that Section 420 of IPC was included as a Scheduled Offence only in 2009. The allegation against the appellant relates to the year 2007-2008. According to the learned counsel, there is no question of giving retrospective effect to a penal provision and as such, the respondent has no jurisdiction to initiate proceedings under the Money-Laundering Act. 6. The learned counsel for the respondent justified the impugned summons and the related order passed by the Writ Court. According to the learned counsel, summons was issued by a competent authority under the provisions of Prevention of Money-Laundering Act. The appellant is bound to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the offence of money-laundering. 11. Chapter VIII of the Prevention of Money-Laundering Act, 2002 provides for Constitution of Authorities and their powers. Section 49 of Chapter VIII provides for appointment and powers of authorities and other officers. Section 50 gives power of a Civil Court to the authorities appointed under Section 49 of the Act, while performing functions under the Act. 12. There is no dispute that Section 420 of IPC was included as a Scheduled Offence only in 2009. The appellant is yet to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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