Supreme Court - Daily Orders
Assistant Dirctor Enforcement ... vs M/S Nik Nish Retail Ltd. on 14 July, 2023
Bench: Abhay S. Oka, Sanjay Karol
ITEM NO.41 COURT NO.11 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 24321/2023
(Arising out of impugned final judgment and order dated 28-11-2022
in CRR No. 2752/2018 passed by the High Court at Calcutta)
ASSISTANT DIRCTOR ENFORCEMENT DIRECTORATE Petitioner(s)
VERSUS
M/S NIK NISH RETAIL LTD. & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.118138/2023-CONDONATION OF DELAY
IN FILING and IA No.118139/2023-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT)
Date : 14-07-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE SANJAY KAROL
For Petitioner(s) Mr. S.V. Raju, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Arkaj Kumar, Adv.
Mr. Zoheb Hussain, Adv.
Mr. Annam Venkatesh, Adv.
Mr. Padmesh Mishra, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Heard the learned Additional Solicitor General appearing for the petitioner.
Delay condoned.
In paragraph 187 (v)(d) of the decision in the case Signature Not Verified of Vijay Madanlal Chowdhury & Ors. v. Union of India & Digitally signed by Anita Malhotra Date: 2023.07.17 10:13:48 IST Reason: Ors. (2022) SCC OnLine SC 929, it is held that even if predicate offence is quashed by the Court of competent 1 jurisdiction, there can be no offence of money laundering against the accused.
Appropriate proceedings can be always filed by the concerned parties for challenging the order by which predicate offence was quashed. If the said order is set aside and the case is revived, it will be always open for the petitioner to revive the proceedings under the Prevention of Money Laundering Act, 2002.
The Special Leave Petition is accordingly disposed of.
Pending application also stands disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
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