Syed Mobin & Anr vs Deputy Director Directorate Of Enforcement, Bangalore

FPA-PMLA-1500 & 1504/BNG/2016

I have heard the learned counsel for both the parties. Â The admitted position is that Sri Syed Mobin, the main accused has been acquitted on 1st

April, 2017 in Special Case no. 5/2015 by the Special Judge (Lokayukta) & Principal Session Judge, Kalaburagi after trial. Smt. Aisha Naheed is wife

of Sri Syed Mobin.

I have been informed that no appeal against the acquittal order was filed by the State against the final Judgement passed by the Special Court in the

schedule offence. The said Judgement has attained finality between the parties.

Both the husband and wife were also arrayed as respondent in the PMLA complaint which was pending before the Court of III Addl. District and

Sessions Judge, D.K., Mangaluru, who by Order dated 10th August, 2018, has allowed the application filed by them under Section 227 of the Criminal

Procedure Code and both were discharged from the offence punishable under Section 3, read with Section 4 of the Prevention of Money Laundering

Act, 2002. Thus, there is no need to go into the merit of the case.

Once the main accused in the schedule offence as well as the complaint under the PMLA has been discharged and the said final judgement has not

been challenged by the respondent in the higher court, the appeals are liable to be allowed. Both the appeals are accordingly allowed.

In view of the above, the impugned order dated 22.09.2016 with regard to the above mentioned two appeals are set-aside. Consequently, the

provisional attachment order is also quashed. The properties attached are released forthwith.