1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1262 OF 2023 (Arising out of SLP(Crl.) No. 5142/2021) NARESH KUMAR KEJRIWAL APPELLANT(S) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RESPONDENT(S) O R D E R Leave granted. 2. Learned counsel for the appellant has referred to the Judgment delivered by this Court in the case of “Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.” decided on 27.07.2022, wherein the consequence of failure of prosecution for the scheduled offence has been provided in the following terms:- “187. ……..(d) The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which constitutes the offence of money-laundering. The Authorities under the 2002 Act cannot prosecute any person on notional basis or on the assumption that a scheduled offence has been committed, unless it is so registered with the jurisdictional police and /or pending
2 enquiry/trial including by way of criminal complaint before the competent forum. If the person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him or any one claiming such property being the property linked to stated scheduled offence through him.” 3. Learned counsel has submitted that in the present case, prosecution against the appellant was quashed by the High Court by the order dated 12.03.2014 in Criminal Miscellaneous Petition No.2651 of 2013. Learned counsel would submit that in the given state of facts and the law declared by this Court, there cannot be any prosecution for the alleged offence of money-laundering. 4. Learned Additional Solicitor General appearing for the respondent, in all fairness, though has not disputed the order so passed by the High Court quashing the proceedings but, has submitted that the present case relates to a fact situation where the order quashing the proceedings qua the appellant has itself proceeded on the reasoning that the appellant was not in possession of the proceeds of crime. 5. Taking the totality of the facts and circumstances into account, we find no reason to
3 allow the proceedings against the appellant under Prevention of Money Laundering Act, 2002 (for short, ‘PMLA’) to continue any further. 6. However, taking note of the submissions made by the learned Additional Solicitor General and in the interest of justice, we reserve liberty for the respondent in seeking revival of these proceedings if there be any legitimate ground to proceed under PMLA in accordance with law. 7. Subject to the observations and liberty foregoing, this appeal is allowed while quashing the proceedings qua the appellant in Complaint/ECIR No.02 of 2018 dated 03.11.2018 pending in the Court of Additional Judicial Commissioner-I-cum-Special Judge for PMLA at Ranchi. 8. It goes without saying that the present order proceeds on the facts of this case alone. 9. All pending applications also stand disposed of. ....................,J. (DINESH MAHESHWARI) ....................,J. (AHSANUDDIN AMANULLAH) NEW DELHI APRIL 25, 2023
4 ITEM NO.15 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No. 1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) Respondent(s) IA No. 55243/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 25-04-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Shobhit Dwivedi, Adv. For Respondent(s) Mr. Tushar Mehta, Solicitor General (NP) Mr. S.V. Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Zoheb Hussain, Adv. Mr. Mayank Pandey, Adv. Ms. Sairica Raju, Adv. Mr. Kanu Agarwal, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. All pending applications also stand disposed of. (NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY) COURT MASTER (Signed order is placed on the file.)
ITEM NO.24 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No.1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) (IA No.55243/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 18-04-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Devashish Bharuka, AOR For Respondent(s) Mr. S.v. Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Sairica Raju, Adv. Mrs. Kanu Agarwal, Adv. Mr. Mayank Pandey, Adv. Mr. Zoheb Hussain, Adv. UPON hearing the counsel the Court made the following O R D E R List this matter on 25.04.2023. Learned counsel for the parties may submit short notes on their proposed submissions before the matter is taken up next. (ARJUN BISHT) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.806 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No. 1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) Date : 24-03-2023 This petition was Mentioned today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Devashish Bharuka, AOR (Mentioned by) For Respondent(s) Mr. Mukesh Kumar Maroria, AOR UPON hearing the counsel the Court made the following O R D E R List this matter in the week commencing 17.04.2023. (NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY) COURT MASTER
ITEM NO.13 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No. 1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) (IA No. 55243/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 14-02-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Abhijeet Singh, Adv. For Respondent(s) Mr. Tushar Mehta, Solicitor General (NP) Mr. Mukesh Kumar Maroria, AOR Mr. Kanu Agarwal, Adv. Ms. Sairica Raju, Adv. Mr. Mayank Pandey, Adv. Mr. Zoheb Hussain, Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by the learned counsel for the petitioner, the matter stands adjourned. Be listed after one weeks, as prayed. (NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY) COURT MASTER
ITEM NO.801 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No.1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) Date : 03-02-2023 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Devashish Bharuka, AOR (mentioned by) For Respondent(s) Mr. Mukesh Kumar Maroria, AOR UPON hearing the counsel the Court made the following O R D E R Not to be deleted from the notified date. (ARJUN BISHT) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.53 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No. 1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) IA No. 55243/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 15-12-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv. Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Justine George, Adv. Mr. Abhijeet Singh, Adv. For Respondent(s) Mr. Tushar Mehta, SG (NP) Mr. S.V. Raju, ASG (NP) Mr. M.K. Maroria, AOR Ms. Sairica Raju, Adv. Mr. Kanu Agarwal, Adv. Mr. Mayank Pandey, Adv. UPON hearing the counsel the Court made the following O R D E R List this matter in the month of February, 2023 on a non-miscellaneous day. (NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (RENU BALA GAMBHIR) COURT MASTER
ITEM NO.805 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No.1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) Date : 21-11-2022 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Devashish Bharuka, AOR (mentioned by) For Respondent(s) Mr. Mukesh Kumar Maroria, AOR UPON being mentioned the Court made the following O R D E R Not to be deleted from the notified date. (ARJUN BISHT) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.9 COURT NO.13 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No. 1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) (IA No. 55243/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 18-05-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Devashish Bharuka, AOR For Respondent(s ) Mr. Tushar Mehta, SG Mr. S.V. Raju, ASG Mr. M.K.Maroria, AOR Ms. Sairica Raju, Adv. Mr. Kanu Agarwal, Adv. Mr. Mayank Pandey, Adv. UPON hearing the counsel the Court made the following O R D E R List this matter after summer vacation. (NEETA SAPRA) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.802 COURT NO.9 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No. 1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) Date : 22-04-2022 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Devashish Bharuka, AOR For Respondent(s) Mr. Mukesh Kumar Maroria, AOR UPON being mentioned the Court made the following O R D E R Not to be deleted from the notified date. (ARJUN BISHT) (RAM SUBHAG SINGH) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.23 Court 9 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No. 1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) IA No. 55243/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 08-10-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv. Mr. Devashish Bharuka, AOR For Respondent(s) Mr. Tushar Mehta, SG Mr. S. V. Raju, ASG Mr. Mukesh Kumar Maroria, AOR Ms. Sairica Raju, Adv. Mr. Zoheb Hussain, Adv. Mr. Kanu Agarwal, Adv. UPON hearing the counsel the Court made the following O R D E R List after three weeks on a non-miscellaneous day. By the next date of hearing, rejoinder, if any, be filed. (Nisha Khulbey) (PRADEEP KUMAR) (ASHWANI THAKUR) (Sr. P.A) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.33 Court 10 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).5142/2021 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No.1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) (IA No.55243/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 16-08-2021 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Devashish Bharuka, AOR For Respondent(s) Mr. S.P.V. Raju, Ld ASG Mr. Mukesh Kumar Maroria, AOR Mr. Kanu Agarwal, Adv Mr. Zoheb Hussain, Adv Ms. Sairica Raju, Adv UPON hearing the counsel the Court made the following O R D E R Ms. Sarica Raju, learned counsel appearing on behalf of Mr. S.P.V. Raju, learned ASG prays for and is granted 10 days time to file counter affidavit. Petitioner is granted 3 days time to file rejoinder affidavit thereafter. List immediately after two weeks. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.18 Court 11 (Video Conferencing) SECTION II-A 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).10275/2020 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No.1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) (FOR ADMISSION and I.R. and IA No.55242/2020-CONDONATION OF DELAY IN FILING and IA No.55243/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 16-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv. Mr. Devashish Bharuka, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice on the prayer for interim relief as well as on the special leave petition, returnable in four weeks. In addition, learned counsel for the petitioner is permitted to serve the standing counsel for the respondent. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.15 Court 10 (Video Conferencing) SECTION II-A 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). 10275/2020 (Arising out of impugned final judgment and order dated 06-12-2019 in CRMP No. 1399/2019 passed by the High Court Of Jharkhand At Ranchi) NARESH KUMAR KEJRIWAL Petitioner(s) VERSUS DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) RANCHI Respondent(s) (FOR ADMISSION and I.R. and IA No.55242/2020-CONDONATION OF DELAY IN FILING and IA No.55243/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 03-05-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Devashish Bharuka, AOR Mrs. Jaya Bharuka, Adv. Mr. Ravi Bharuka, Adv. Ms. Sarvshree, Adv. Mr. Justine George, Adv. Ms. Srishti Agarwal, Adv. Mr. Ankit Agarwal, Adv. Ms. Taniya Bansal, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In terms of the letter circulated by learned counsel for the petitioner, let the matter be adjourned for two weeks. (GULSHAN KUMAR ARORA) (R.S. NARAYANAN) AR-CUM-PS COURT MASTER