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TMI Blog2024 (1) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... rged by the learned Special Judge, therefore, the summon dated 18.12.2021 issued by the respondent No. 3 to the petitioner in respect of the entry made in file Directorate of Enforcement Case numbered as File. No. F.No. GWZO/09/2020 (sd/-illegible)/1861 is hereby set aside and quashed. Matter closed. - HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND FOR THE PETITIONER : S BORGOHAIN FOR THE RESPONDENT : ASSTT.S.G.I. ORDER Heard Mr. S. Borgohain, learned counsel for the applicant Vilelie Khamo and Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India for the respondents. 2. The applicant has prayed for relief as per Clause (B) in the prayer portion of the writ petition in light of the judgment of Hon ble the Supreme Court in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded and unguided Section 3 called offence of money-laundering in the marginal note. In fact, the definition under this Section, as it stands now (post-2019 amendment), lends itself to a reading that the offence of money laundering covers some of the activities such as possession, acquisition etc. of the proceeds of crime which may be even without any mens rea. 8. Proceeds of crime is defined under Section 2(1)(u), as property derived/obtained by any person, as a result of criminal activity relating to a scheduled offence, and a scheduled offence is that which is mentioned in the Schedule to the PMLA, and includes over 150 offences under the laws such as the Indian Penal Code, 1860; the NDPS Act, 1985; Unlawful Activities Prevention Act, 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled by the respondents No. 2 and 3, summons has been issued as a first step for setting the PMLA Act in motion against the applicant. The applicant has referred to the decision of Hon ble the Supreme Court in Vijay Madanlal Choudhary Ors. Vs. Union of India and Ors. decided on 27.07.2022, where the consequence of failure of prosecution of the scheduled offence has been clearly provided in the following terms: 187. ...(d) The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which constitutes the offence of money-laundering. The Authorities under the 2002 Act can not prosecut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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