9911796707
TMI Blog2024 (3) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... Crl.MP.No.565 of 2024 in Crl.OP.No.916 of 2024 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... n assuming that there are proceeds of crime, it cannot be said to be as a result of commission of a scheduled offence, which is a prerequisite to maintain a complaint under Section 3 of the PMLA. The above referred observations of the Hon'ble Supreme Court are squarely applicable to the facts of the instant case. The complaint is therefore liable to be quashed on that sole ground, and hence, we are not expressing any opinion on the other submissions made by the learned counsel for the petitioner. 10. Since the respondent lacks jurisdiction under the PMLA, the communications sent to the Bank to withhold the portion of the compensation amount payable to the petitioner by the CMRL, also cannot be sustained. As stated earlier, during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii) provisional attachment passed by the 1st respondent under Section 5(1) of the Prevention of Money Laundering Act, 2002 in Order No.11/2022 in ECIR No.CEZO-I/39/2021 dated 30.9.2022 insofar as the Schedule-A & Schedule-B, C properties are concerned; and (iii) the complaint (OC) No.1828 of 2022 in PAO No.11/2022 in ECIR NO.CEZO-I/39/2021 dated 26.10.2022 issued under Section.5(5) of Prevention of Money Laundering Act, 2002 - PMLA 2002 dated 30.09.2022 on the file of the 1st respondent, insofar as these petitioners are concerned. 6. Since the complaint itself is not maintainable, the respondent has no jurisdiction to attach the properties of the petitioners and therefore the order of attachment passed under Section 5(5) of the Preventio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return of movable properties. 3. Learned Special Public Prosecutor (ED) appearing for the respondent submits that in view of the final orders being passed, wherein, the proceedings as well as the complaint have been quashed, the petitioners would be entitled for the movables. 4. In view of the above submission, Paragraph No.8 of the order dated 29.01.2024 stands modified as follows: "8. In the result, the Crl.O.P.No.28477 of 2023 and 916 of 2024 and the Writ Petition No.1024 of 2023 are allowed as prayed for and in view of quashing of the impugned orders, the respondents shall release all the movable properties that were seized in connection with ECIR No.CEZO-I/39/2021 dated 31.03.2021 within a period of six weeks from the date of recei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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