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Directorate Of Enforcement vs Shabbir Ahmad Lone on 17 April, 2023

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.REV.P. 420/2023 & CRL.M.A. 9802/2023
       DIRECTORATE OF ENFORCEMENT                 ..... Petitioner
                       Through: Mr. Ravi Prakash, CGSC with Mr.
                                 Varun Agarwal, Advocates.
                       versus

       SHABBIR AHMAD LONE                                   ..... Respondent
                    Through: None.
       CORAM:
       HON'BLE MR. JUSTICE ANISH DAYAL
                          ORDER

% 17.04.2023 CRL.M.A. 9801/2023(Exemption)

1. Exemption allowed, subject to all just exceptions.

2. Application is disposed of.

1. This revision petition has been filed for setting aside the order dated 30th November, 2022 passed by the Special Judge (PMLA), Rouse Avenue Courts Complex, Delhi in CC No. 198/2019, of bearing No. 59/DLZO/2009.

2. Learned counsel for the directorate contends that since the accused stood discharged under Section 21 of the UAPA, the learned Special Judge discharged the accused from the said ECIR under Section 227 Cr.P.C.

3. However, it is submitted that since he was convicted under Section 25 of the Arms Act which is also a scheduled offence under paragraph 5 of the Schedule to the Prevention of Money Laundering Act, 2002 (PMLA), the accused could not be discharged fully in relation to the said ECIR.

4. Issue notice. Learned counsel for the respondent who appears on advance notice accepts the same and will file a reply before the next date of hearing.

5. List on 09th August, 2023.

6. Order be uploaded on the website of this Court.

ANISH DAYAL, J APRIL 17, 2023/RK Signature Not Verified Digitally Signed By:ANISH DAYAL