2018 (9) TMI 456

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....e Petitioner. Ms. G. Hema, Special Public Prosecutor, for the Respondent. ORDER [Order per : Dr. G. Jayachandran, J. (Common)]. - This writ petition is directed against the registering of complaint under Section 5(5) of Prevention of Money Laundering Act, 2002 (hereinafter referred as PML Act). The petitioners herein are one of the partners of M/s. R.R. Minerals at Aruppukottai, wherein, ....

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....n their possession are proceeds of crime, when the petitioners have not been involved in any crime, the assets possessed by them cannot be termed as proceeds of crime or the petitioners are involved in money laundering. Therefore, the impugned order, in so far it relates to the petitioners, under Section 5(5) of PML Act is not sustainable and liable to be quashed. 2. Heard the Learned Coun....

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....thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. (i) Paragraph 1 of Part A and Part B of the Schedule, a report has been forwarded to a Magistrate under Section 173 of the Code of Criminal Procedure, 1973 (2 of 1974); or (ii) Paragraph 2 of Part A of the Schedule, a police report or a complaint has been filed....