2016 (7) TMI 1444

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....M.VIVEK SRI.B.KRISHNA KUMAR FOR THE RESPONDENT : SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL J U D G M E N T P.B.SURESH KUMAR, J. The petitioner, while working as Deputy Chief Controller of Explosives, was prosecuted by the Central Bureau of Investigation for offences under Sections 7 and 13(1)(e) of the Prevention of Corruption Act. The allegation in said case against the petitioner was that he was in possession of assets which is disproportionate to his known source of income, to the tune of Rs. 12,80,108/-. The petitioner was found guilty of both the said offences and convicted. After the conviction, a case was registered against the petitioner suspecting commission of offence under Section 3 of the Prevention of Money Launde....

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....dent has now passed Ext.P4 order rejecting the contentions raised by the petitioner in Ext.P1 representation. The petitioner is aggrieved by Ext.P4 decision of the fourth respondent. Hence this writ petition. 2. Heard the learned counsel for the petitioner as also the learned Assistant Solicitor General for the respondents. 3. The learned counsel for the petitioner contended that the proceedings have been initiated against the petitioner solely based on the registration of the case under Section 13(1) (e) of the Prevention of Corruption Act and the consequent conviction of the petitioner. According to the learned counsel, the allegation in the said case is that he has amassed wealth disproportionate to his known sources of income, for....

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....is evident from the aforesaid provisions in the Act that though the commission of a scheduled offence is a fundamental pre- condition for initiating proceedings under the Act, the offence of money laundering is independent of the scheduled offences. The scheme of the Act indicates that it deals only with laundering of money acquired by committing the scheduled offences. In other words, the Act deals only with the process or activity with the proceeds of the crime including its concealment, possession, acquisition or use. Article 20(1) of the Constitution prohibits conviction except for violation of a law in force at the time of the commission of the offence. In other words, there cannot be any prosecution under the Act for laundering of mon....