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TMI Blog2022 (11) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... entrustment. If it is thereafter appropriated by the public servant, the offence would be of misappropriation or species thereof but certainly not of bribe. The crucial part therefore is the requisite intent to hand over the amount as bribe and normally such intent must necessarily be antecedent or prior to the moment the amount is handed over. Thus, the requisite intent would always be at the core before the amount is handed over - By handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime. Without such active participation on part of the person concerned, the money would not assume the character of being proceeds of crime. The relevant expressions from Section 3 of the PML Act are thus wide enough to cover the role played by such person. Appeal allowed. - CRIMINAL APPEAL NO………….. OF 2022 (arising out of SLP (Crl.) No. 2668 OF 2022) - - - Dated:- 31-10-2022 - CJI. Uday Umesh Lalit And Justice Bela M. Trivedi For the Petitioner : Mr. Balbir Singh, ASG Ms. Alka Agrawal, Adv. Mr. Naman Tandon, Adv. Mr. Samarvir Singh, Adv. Mr. Digvijay Dam, Adv. Mr. Prasenjeet Mohap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dering Act, 2002 (for brevity the PML Act ), the Enforcement Directorate registered a case in E.C.I.R.No.13 of 2016 and after completing the investigation, filed a complaint in C.C.No.60 of 2018 against Everonn Education Limited and three others including Padmanabhan Kishore (A2) for the offences under Section 3 r/w 4 of the PML Act, for quashing which, Padmanabhan Kishore (A2) is before this Court. 5. As is evident from the quoted portion, the respondent had allegedly handed over a sum of Rs.50,00,000/- (Rupees fifty lakhs only) to a public servant, which transaction and the surrounding circumstances were projected in FIR dated 29.8.2011, leading to registration of crime under Section 120B, Indian Penal Code, 1860 ( IPC , for short) and Sections 7, 12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ( PC Act , for short). Later, a case was registered by the Enforcement Directorate against the accused including the respondent under Sections 3 and 4 of the PML Act. 6. The basic submission advanced on behalf of the respondent was that the amount in question, as long as it was in the hands of respondent, could not be said to be tainted money; that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sections for the present purposes, are as under: - 3. Offence of money-laundering.- Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming] it as untainted property shall be guilty of offence of money-laundering. Explanation.-For the removal of doubts, it is hereby clarified that,- (i) a person shall be guilty of offence of money-laundering if such person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a party or is actually involved in one or more of the following processes or activities connected with proceeds of crime, namely: - (a) concealment; or (b) possession; or (c) acquisition; or (d) use; or (e) projecting as untainted property; or (f) claiming as untainted property, in any manner whatsoever; (ii) the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , but raises a question whether the respondent can be proceeded against under the provisions of the PML Act. 13. The definition of proceeds of crime in PML Act, inter alia, means any property derived or obtained by any person as a result of criminal activity relating to a scheduled offence. The offences punishable under Sections 7, 12 and 13 are scheduled offences, as is evident from paragraph 8 of Part-A of the Schedule to the PML Act. Any property thus derived as a result of criminal activity relating to offence mentioned in said paragraph 8 of Part-A of the Schedule would certainly be proceeds of crime . 14. The further question to be answered is: whether the role played by respondent could come within the purview of Section 3 of the PML Act? 15. Said Section 3 states, inter alia, that whoever knowingly assists or knowingly is a party or is actually involved in any process or activity connected with proceeds of crime including its concealment, possession, acquisition or use shall be guilty of offence of money-laundering (emphasis added by us). 16. It is true that so long as the amount is in the hands of a bribe giver, and till it does not get impressed with the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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