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TMI Blog2021 (1) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... f the PML Act cannot be equated with the prosecution under section 13 of the PC Act or other offences specified in the Schedule namely IPC or other laws. They are distinct and separate offences. Prosecution under section 3 of PML Act is not based on the outcome of the trial of the offenders under section 13 of the PC Act. A reading of section 3 of PML Act in unamended form would clearly indicate that even without there being any conviction of the accused in a predicate offence and even if the offender under section 3 of the PML Act is not a party to the predicate offence, still the prosecution could be launched against him if the offender is found involved in any process or activity connected with the 'proceeds of crime'. What i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the predicate offence was alleged only against the husband of the petitioner. The charge sheet was also filed against the husband of the petitioner on 07.07.2011 in Spl.C.C.No.135/2011 under sections 420, 506 and 120(B) IPC; but the provisional attachment order of attachment dated 25.09.2012 has been passed in respect of the properties held by the original accused as well as the petitioner under section 5(1) of PML Act. This attachment was made under the unamended Section 5 of the PML Act. The petitioner as well as the original accused filed their objections to the provisional attachment interalia contending that the properties acquired by the petitioner and her husband were not the proceeds of crime . They were heard by the Adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed right in any course of procedure. He has only the right of prosecution or defence in the manner prescribed for the time being by or for the Court in which the case is pending and if by an Act of Parliament the mode of procedure is altered he has no other right than to proceed according to the altered mode. See Maxwell on Interpretation of Statutes on p. 225; The Colonial Sugar Refining Co. Ltd. v. Irving (1). In other words a change in the law of procedure operates retrospectively and unlike the law relating to vested right is not only prospective. 5. Further it is pointed out that in UNITED INDIA INSURANCE CO. LTD., v. SRI VENKATARAJU ANOTHER, ILR 1999 KAR 729, it is held as under:- In the case of Gurubachan Singh v. Satpal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India, inasmuch as, she is subjected to a different procedure which was not in the statute book at the commencement of the lis. Secondly, the petitioner was not a party to the criminal prosecution instituted against her husband in respect of predicate offence and therefore the attachment of the properties of the petitioner which are no-way related to the predicate offence could not have been attached. Both these contentions, in my view, do not merit acceptance. 9. With regard to the order of attachment passed under section 5(1) of the PML Act which is later confirmed under section 8(3) of the PML Act, admittedly, the petitioner has availed the remedy provided under the PML Act and has preferred an appeal challenging the said order under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e) read with 13(2) of the PC Act on 28.02.2013. The order reflects the application of mind and also the elaborate reasons to arrive at the conclusion that the property in question was the proceeds of crime within the meaning of section 2(1)(u) of the PML Act. The said order therefore is beyond challenge in a writ proceedings as no error of jurisdiction is reflected in the impugned order. 12. Even otherwise, an adjudicatory mechanism is provided under section 8 of the PML Act and the petitioner has availed the said remedy and has participated in the proceedings before the Adjudicating Authority. Considering the contentions urged by the petitioner, the Adjudicating Authority has come to the conclusion that the petitioner has committed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be equated with the prosecution under section 13 of the PC Act or other offences specified in the Schedule namely IPC or other laws. They are distinct and separate offences. Prosecution under section 3 of PML Act is not based on the outcome of the trial of the offenders under section 13 of the PC Act. A reading of section 3 of PML Act in unamended form would clearly indicate that even without there being any conviction of the accused in a predicate offence and even if the offender under section 3 of the PML Act is not a party to the predicate offence, still the prosecution could be launched against him if the offender is found involved in any process or activity connected with the 'proceeds of crime'. What is necessary to co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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