2022 (12) TMI 140

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....present bail application under Section 438 Cr.P.C. read with Section 45 of the Prevention of Money Laundering Act, 2002 has been filed seeking bail in anticipation of arrest of the accused-applicant in Complaint Case No.1235 of 2021, ECIR No.ECIR/13/PMLA/LKZO/2012, under Section 3/4 of Prevention of Money Laundering Act, 2002, Police Station Directorate of Enforcement, District Lucknow. 3. As per the complaint filed by the Directorate of Enforcement, the allegation against the accused-applicant is that accused-applicant favoured M/s. Sudharshan Pharmaceuticals private Limited while purchasing medicines and instruments etc. under the National Rural Health Mission, a scheme of the Government of India for augmenting the medical infrastructu....

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....pect of the predicate offence, still the complaint can be filed and the prosecution against him can be maintained, if it is found that he has accumulated the proceeds of crime. 7. I have considered the submissions advanced on behalf of the learned counsel for the parties and perused the record. 8. It would be apt to take note of the relevant paragraph of the judgement/order passed by the Supreme Court in the case of Parvathi Kollur (supra). Relevant part of the said judgment/order would read as under:- "Thereafter, the Trial Court, by its judgment and order dated 04.01.2019, allowed the application and discharged the appellants from the offences pertaining to the Act of 2002 while observing that occurrence of a scheduled offe....

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....omplaint before the competent forum. If the person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money laundering against him or any one claiming such property being the property linked to stated scheduled offence through him." Learned ASG appearing for the respondent, in all fairness, does not dispute the above position of law declared by this Court. The result of the discussion aforesaid is that the view as taken by the Trial Court in this matter had been a justified view of the matter and the High Court was not right in setting aside the discharge order despite the fact that the accused No. 1 had alr....