In the absence of a scheduled offence/predicate offence,...

In the absence of a scheduled offence/predicate offence, proceedings under the PMLA cannot be sustained. An accused assisting in concealment or use of proceeds of crime need not be an accused in the scheduled offence to be prosecuted under PMLA, as long as the scheduled offence exists. However, if an accused is acquitted of the scheduled offence, the attachment proceedings and PMLA case cannot stand, as there are no proceeds of crime. The courts have consistently held that PMLA proceedings are unsustainable without a scheduled offence, even if the FIR is quashed on settlement or the accused is discharged/acquitted.

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