Prevention of Money Laundering Act, 2002
Section 3—Offence of money laundering—Quashing of proceedings by High Court—Appeal—Respondent had allegedly handed over a sum of rupees fifty lakhs to a public servant, which transaction and surrounding circumstances were projected in FIR, leading to registration of crime under Section 120B IPC and Sections 7, 12, 13(1)(d) read with Section 13(2) of the PC Act—Any property derived as a result of criminal activity relating to offence mentioned in paragraph 8 of the Part-A of the Schedule to the PML Act would certainly be “proceeds of crime”—Even a bribe giver is guilty of offence of money laundering if he is handing over of amount to the person taking bribe with an intent to bribe him—Respondent was prima facie involved in activity connected with the process of crime—View taken by the High Court that respondent cannot be held liable for the offence under the PML Act—Erroneous—Impugned judgment and order passed by High Court is set aside—Appeal allowed.
[Paras 12 to 20]
Decision : Appeal allowed