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TMI Blog2023 (4) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... Laundering Act, 2002 ('the Act' for short). 2. Heard Sri Swaroop Anand R., learned counsel appearing for the petitioner and Sri Madhukar Deshpande, learned Special Public Prosecutor for the respondent. 3. Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:- The petitioner is an employee of the Bruhat Bengaluru Mahanagara Palike ('BBMP' for short). On 04-11-2011, the Bangalore Metropolitan Task Force through its Police Wing registered a crime in Crime No. 4 of 2011 for offences punishable under Sections 420, 406, 409, 465, 468, 471, 477(a) r/w. 120(B) of the Indian Penal Code and Section 23 of the Karnataka Transparency in Public Procurement Act, 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal attachment order against four of the accused in the light of an interim order granted by this Court in Writ Petition Nos. 23069-70 of 2019. The respondent/ED then files a private complaint against the petitioner and eight others invoking Sections 44 and 45 of the Act in P.C.R. No. 25 of 2020. The Special Court in terms of its order dated 18-06-2020, takes cognizance of the offences in the said private complaint so registered by the respondent and registered the same in Special C.C. No. 244 of 2020, against the petitioner and several others. It is this order of taking cognizance by the Special Court on 18.06.2020, is what drives the petitioner to this Court in the subject petition. 5. The learned counsel appearing for the petitioner con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missions made by the respective learned counsel and perused the material on record. 8. To consider whether the respondent-ED had jurisdiction to initiate proceedings against the petitioner alleging money laundering out of the proceeds of crime, it is germane to notice certain provisions of the Act. Section 2 deals with definition. Section 2(y) defines what is a 'scheduled offence' and reads as follows: "(y) "scheduled offence" means- (i) the offences specified under Part A of the Schedule; or (ii) the offences specified under Part B of the Schedule if the total value involved in such offences is one crore rupees or more; or (iii) the offences specified under Part C of the Schedule." Scheduled offence in terms of Section 2( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty; 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 crime by its concealment or possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever." In the light of Section 2(y) defining offences under Parts-A, B or C, it is germane to notice the Schedule i.e., Parts A, B and C of the Schedule. 9. A perusal at Parts A, B and C of the Schedule would clearly indicate that the offences depicted under the Schedule can become offences of money laundering under Section 3 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the complaint. Clause 1.2 of the complaint reads as follows: "1.2. As per the above charge sheets, certain works have been sanctioned by the BBMP vide Work Orders discussed hereunder to the licensed contractors to execute a specific work (discussed in the said work orders). But it has been revealed that the Contractors failed to execute the work completely/properly even though they have received full bill amount against the work specified in the said Word Orders. This caused heavy loss to BBMP as well as to the public at large. It has been alleged in the said Charge Sheets that the accused contractors indulged in criminal activities viz., criminal conspiracy, created false documents etc., to prove themselves that they had executed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessed by him and the amount received in terms of the table given by him was Rs. 1,05,66,288/-. Therefore, it is well within the amount stipulated under Section 2(y) of the Act. The complaint also records that there is further investigation pending in the case at hand against all the accused. If in further investigation the petitioner and others are found to have again laundered money beyond what is defined under Section 2(y), it would be against the petitioner. The petitioner has no ground to support his case that the allegation is only concerning Rs. 46/-lakhs and, therefore, the jurisdiction of the ED was not available for initiation of any proceedings, is a typical case of misplaced interpretation. The very complaint so registered again ..... X X X X Extracts X X X X X X X X Extracts X X X X
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