Indian Penal Code, 1860
Section 120B—Criminal conspiracy—High Court, vide impugned judgment, has held that Section 120B is a standalone scheduled offence on the basis of which provisions of PMLA can be invoked—Appeal—Law laid down by the Apex Court in 2023 SCC Online 1586 is that an offence under Section 120B IPC will become a scheduled offence only if the conspiracy alleged is of committing an offence which is specifically included in the schedule and that it is not the legislative intent behind PMLA to make every offence not included in the schedule a scheduled offence by applying Section 120B of IPC—Reasons assigned by the High Court in the impugned judgment cannot be sustained—While setting aside the impugned judgment passed by the High Court, the proceedings initiated against appellants under the PMLA are quashed—Appeal allowed.
[Paras 3 to 7]
Decision : Appeal allowed