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TMI Blog2024 (10) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... ssociates For the Respondent : Mr. AR.L. Sundaresan, Additional Soliciter General of India assisted by Mr.Cibi Vishnu, Special Public Prosecutor for ED. COMMON ORDER S.M. SUBRAMANIAM J. The Criminal Original Petitions have been instituted under Section 482 of Cr.P.C. to quash the complaint in Spl.CC.No.02 of 2021 on the file of the Learned IX Additional Special Judge for CBI Cases, City Civil Court, at Chennai, dated 10.01.2021. The petitioners in the Criminal Original Petition Nos.6925, 6926 & 6927 of 2022 are the Accused Nos. 25, 21 & 22 respectively. FACTS OF THE CASE : 2. The IDBI Bank, DIFC Branch, Dubai, sanctioned first loan of 52 Million Euros (INR equivalent to 322.40 crores) to Accused-8, i.e., M/s.Win Wind Oy, Finland (here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... & Section 13 of Prevention of Corruption Act, 2013, which is the scheduled offence under Prevention of Money Laundering Act, 2002 (hereinafter referred as PMLA). Since the scheduled offence is present in the FIR registered by CBI in FIR No.9 of 2018, the Enforcement Directorate recorded ECIR under PMLA on 01.05.2018. Consequently, the Provisional Attachment Order in PAO No.1/2019 was issued on 31.01.2019. The Provisional Attachment Order was confirmed by the adjudicating authority on 13.01.2020. The respondent filed a complaint on 10.01.2021 under PMLA. The said complaint, dated 10.01.2021, is sought to be assailed in the present Criminal Original Petitions. ARGUMENTS ON BEHALF OF THE PETITIONERS: 5. The learned counsel for the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in value held within the country] [or abroad]" 7. In the present case, there is no such allegation that the properties purchased from and out of the proceeds of crime were taken or held outside the country. Thus, the respondent have not established any "proceeds of crime" warranting initiation of proceedings under PMLA. Once Section 2(1)(u) of PMLA is not satisfied, the respondent cannot sustain the alleged offence of money laundering under Section 3 of the PMLA. Thus, the entire proceedings have to be quashed. 8. The learned counsel for the petitioners would rely on the Judgement of the Hon'ble Supreme Court of India in the case of Pavana Dibbur Vs. Directorate of Enforcement [Manu/SC/1271/2023]. wherein in paragraph no.17, the Hon&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y was transacted through various companies and laundering was identified by Enforcement Directorate. Thus, based on the scheduled offence registered by the CBI in FIR No.9 of 2018, ECIR was registered and accordingly, Provisional Attachment Order was made and it was confirmed by the adjudicating authority on 13.01.2020. Consequently, the respondent filed a complaint under PMLA on 11.01.2021 regarding the Provisional Attachment Order. Thus, the petitioners have to approach the Appellate Tribunal under Section 26 of PMLA. The Criminal Original Petitions, filed under Section 482, are not maintainable. Regarding the Provisional Attachment Order, the petitioners have to approach the Appellate Tribunal under Section 26 of PMLA. Thus, the present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of criminal activity, is held outside the country, then the property equivalent in value held within the country can be attached by the Enforcement Directorate. The very object of the provision would be to protect the economic interest of the country. Therefore, the petitioners cannot take a ground that the property attached were purchased prior to the scheduled offence between the years 2010 and 2017. Even in respect of the properties purchased prior to the scheduled offence under PMLA , such properties can be attached if the criminal activity relating to scheduled offence is taken or held outside the country, then the property equivalent in value held within the country can be attached. The said properties attached within the country ne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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