2010 (8) TMI 1064

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....t Mukherjee ORDER 1. I have heard all parties at length. The petitioner is being prosecuted under Section 3 of the Prevention of Money Laundering Act, 2002 (hereinafter called "the Act"). 2. This writ petition has been filed alleging that the prosecution should be quashed, on the ground that it violates the fundamental right of the petitioner guaranteed under Article 20 (1) of the Constit....

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....ty connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering." 2 (u) "procceds of crime" means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of such property." 2 (v) "property" means any any property or assets of....

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....eration were not among the offences listed in the Schedule, as it stood on the date when those acts were committed. 6. The argument is misconceived. The reason is that what is being targeted by Section 3 and another provisions of the Act is the "laundering of money" acquired by committing the scheduled crimes and, therefore, it would be the date of "laundering" which would be relevant. The "lau....

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....the petitioner is not being prosecuted merely for any act which was not a scheduled offence on the date when it was committed. Therefore, the fundamental right of the petitioner guaranteed by Article 20 (1) is not being violated. 10. It has also been argued that the detention of the petitioner is illegal. This argument is based upon the allegation that the grounds for detention were not communi....