Directorate of Enforcement Vs Obulapuram Mining Company Pvt. Ltd. (Supreme Court of India)
In SLP(Crl) No. 3474/2020, the Solicitor General drew attention to an earlier order dated 16 December 2021 in SLP(Crl) No. 5596/2021, in which Justice Sanjay Kishan Kaul had recused himself. Since the present matter concerned the predicate offence arising from the same matter, the Supreme Court directed that it be listed before a Bench not comprising Justice Kaul. The Court also clarified that urgent listing was within the prerogative of the Chief Justice of India.
In SLP(Crl) No. 10627/2019, the Solicitor General stated that a closure report concerning the predicate offence had been accepted and, consequently, the enforcement proceeding would not survive. The Supreme Court accordingly recorded that ECIR No. CEZO/01/2017 stood quashed and disposed of the application along with the Special Leave Petition.
Separately, in Criminal Appeal Nos. 391–392/2018, the Solicitor General submitted that the proceedings arose from an attachment order and that an acquittal had been recorded in respect of the predicate offence. In these circumstances, the appeals filed by the Adjudicating Authority (PMLA) no longer survived. The Supreme Court disposed of those appeals and directed that the trial court record be returned.
The order demonstrates the procedural consequence, in these particular proceedings, of the accepted closure report and acquittal in the underlying offences. It also records the requirement of placing a connected matter before an appropriately constituted Bench following an earlier judicial recusal. The Court did not undertake a detailed examination of the substantive ingredients of money laundering in this short order.
FULL TEXT OF THE ORDER OF SUPREME COURT OF INDIA
Learned Solicitor General has brought to our attention the order dated 16.12.2021 in SLP [CRL.] No.5596/2021 where one of us (Hon. Sanjay Kishan Kaul, J.) had recused and the present case relates to the predicate offence in respect of the same matter.
List before a Bench of one of us (Hon. Sanjay Kishan Kaul, J.) is not a Member.
Insofar as the urgent listing now is concerned, it is the prerogative of the Hon’ble the Chief Justice of India.
IA No. 153931/2022 – APPROPRIATE ORDERS/DIRECTIONS
IA No. 145024/2021 – CLARIFICATION/DIRECTION IN SLP(Crl) No. 10627/2019
Issue notice which is accepted by the learned counsel for the State.
Learned Solicitor General fairly states that since there is a closure report in respect of the predicate offence which has been accepted, the present proceeding will not survive and consequently the ECIR No.CEZO/01/2017 stands quashed.
The application along with the Special Leave Petition stand disposed of.
Criminal Appeal No(s). 391-392/2018
Issue notice which is accepted by learned counsel for the respondent.
Learned Solicitor General fairly states that since the proceedings before this Court arise from an order of attachment and there is acquittal in respect of predicate offence, the proceedings really would not survive.
In view of the aforesaid, the appeals filed by the Adjudicating Authority (PMLA) do not survive and are accordingly disposed of.
The trial Court record be sent back to the trial Court.
