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TMI Blog2023 (11) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... ands disposed of. W.P.(CRL) 3387/2023 3. By way of the present petition under Article 226 of the Constitution of India, the petitioner seeks directions to the respondent/ Directorate of Enforcement ("ED") for calling all records of ECIR/DLZOI/39/2023 dated 17.07.2023 and quashing the aforesaid ECIR/DLZO-I/39/2023 dated 17.07.2023 and all proceedings emanating therefrom. 4. Issue notice. 5. Learned Special Counsel appearing for the respondent ED accepts notice. He seeks, and is granted, four weeks for filing a reply. 6. Rejoinder thereto, if any, be filed within two weeks thereafter. 7. Accordingly, renotify on 21.03.2024. CRL.M.A. 31441/2023 (for stay) 8. The present application has been filed under Section 482 of the Code of the Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned senior counsels for the petitioner submit that the petitioner cannot be prosecuted on notional basis or an assumption that a scheduled offence has been committed. They further submit that once the petitioner stands exonerated by the CESTAT and the proceedings initiated by the Department of Revenue stand stayed by this Court vide order dated 03.11.2023, the proceedings under the PMLA cannot be allowed to continue against the petitioner as the same shall amount to abuse of the process of law. 11. Per Contra, learned special counsel appearing for the respondent ED on advance notice opposes grant of stay by drawing attention of this Court to the order dated 05.10.2023 passed by the Division Bench of this Court in CUSAA No.3/2023 to su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TAT shall not affect the proceedings under the PMLA. Further, relying upon Monica Bedi v. State of Andhra Pradesh (2011) 1 SCC 284, he submits that in any event, there is no bar on two or more prosecutions arising out of the same set of facts, if it can be shown that the ingredients of the two different offences, have been made out. 14. He further submits that the petitioner is not covered by the judgment passed in Vijay Madanlal Choudhary (supra) as the offence under the PMLA being a standalone offence is not predicated on the offence committed under the Customs Act. He further submits that in any case, the benefit can only be given when the accused is discharged, whereas in the present case, only the proceedings have been stayed, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material placed before the Authority (para 2(i)) and the cause of action under the PMLA (para 4.1) reveals that the present ECIR dated 17.07.2023 was recorded by the respondent ED, as Section 135 of the Customs Act, 1962 is a scheduled offence under the PMLA, whereunder the complaint was registered for the illicit export of foreign currency. 19. The facts also reveal that dismissal of the adjudication proceedings against the petitioner vide order dated 28.03.2022 in Appeal No.50497/2022 titled as Pawan Munjal v. Commissioner of Customs passed by the CESTAT has led to the petitioner being absolved of all charges. In fact, the Division Bench of this Court in CUSAA No.3/2023 has affirmed the same vide order dated 05.10.2023. 20. It is also t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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