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TMI Blog2021 (4) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... ce under Section 420 IPC, there is no scope for him to obtain or derive any property as a result of the said criminal activity. To put it more plainly, Viswanathan (A.1) represented to the passport authorities that he is an Indian citizen and obtained passport suppressing the fact that he is a Sri Lankan citizen. The Directorate of Revenue Intelligence had found only irregularities in the exports and had not launched a criminal prosecution against the petitioners. Even the adjudication order that was passed by the Commissioner of Customs has been set aside in appeal by the CESTAT. An illegal immigrant from Bangladesh enters Kolkata; obtains Aadhaar card and ration card from the authorities concerned by projecting himself as a local Mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en 2000-2001, he purchased 8 residential flats in Chennai. 2.2 The Directorate of Revenue Intelligence began an investigation of the exports made by Viswanathan (A.1) and found that he was not entitled to Duty Entitlement Pass Book (DEPB) Scheme credit facility and therefore, issued a show cause notice dated 07.02.2003 under the Customs Act to Viswanathan (A.1) and eventually, the Commissioner of Customs passed an adjudication order dated 28.06.2004 denying DEPB credit facility to Viswanathan (A.1) and ordered recovery of the same, besides levying fine and penalty on him. 2.3 However, the CESTAT, Chennai, by order dated 12.06.2007, allowed the appeal preferred by Viswanathan (A.1) by holding that the exports made by him cannot be term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anathan (A.1) and Kavitha (A.2) have filed the present criminal original petition invoking Section 482 Cr.P.C. 3. Mr. B. Kumar, learned Senior Counsel representing Mr. B. Satish Sundar, learned counsel on record appearing for the petitioners, submitted that even if the averments in the FIR to the effect that Viswanathan (A.1) had obtained an Indian passport by suppressing the fact that he is a Sri Lankan national, is true, the said offence was committed much before the coming into force of the PML Act and ergo, the prosecution stands vitiated. 4.. We are unable to concur with the above submission in view of the authoritative pronouncement of the Supreme Court in Biswanath Bhattacharya vs. Union of India and others (2014) 4 SCC 392. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (u) of the PML Act which defines the expression proceeds of crime , it is limpid that the profit derived or obtained must be a result of a criminal activity which relates to a schedule offence. Even if we take the allegations in the FIR in Cr.No.123 of 2008 as gospel truth and that Viswanathan (A.1) had committed a criminal activity of obtaining an Indian passport and has thereby committed an offence under Section 420 IPC, there is no scope for him to obtain or derive any property as a result of the said criminal activity. To put it more plainly, Viswanathan (A.1) represented to the passport authorities that he is an Indian citizen and obtained passport suppressing the fact that he is a Sri Lankan citizen. This, by itself, has not generate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Viswanathan (A.1) is an Indian national and the complaint does not say what is the proceeds of crime earned by her or secreted by her on account of the alleged criminal activity of her husband Viswanathan (A.1). Thus, the inclusion of Kavitha (A.2) as second accused in the complaint is manifestly illegal. 11. Mr.Rajnish Pathiyil took great pains to take this Court through the various United Nations charters and debates in the Parliament to show as to how the present complaint is maintainable. Reference to the aforesaid can be of assistance in clearing up any ambiguity with regard to interpretation of the statutory provisions and not otherwise. When the alleged criminal activity of Viswanathan (A.1) of getting an Indian passport by s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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