(Abhay S. Oka and Sanjay Karol, JJ.)
Special Leave Petition (Criminal) Diary No(s). 24321/2023, decided on July 14, 2023
Assistant Dirctor Enforcement Directorate ______________ Petitioner;
v.
Nik Nish Retail Ltd. and Others __________________ 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)
Special Leave Petition (Criminal) Diary No(s). 24321/2023; CRR No. 2752/2018; IA No. 118138/2023; and IA No. 118139/2023
The Order of the court was delivered by
Order
1. Heard the learned Additional Solicitor General appearing for the petitioner.
2. Delay condoned.
3. In paragraph 187 (v)(d) of the decision in the case of Vijay Madanlal Chowdhury v. Union of India (2022) SCC OnLine SC 929, it is held that even if predicate offence is quashed by the Court of competent jurisdiction, there can be no offence of money laundering against the accused.
4. 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.
5. The Special Leave Petition is accordingly disposed of.
6. Pending application also stands disposed of.
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