Delhi court dismisses PMLA complaint against Vijay Darda in coal block case

A Delhi court dismissed the Enforcement Directorate's money laundering complaint against former MP Vijay Darda, Devendra Darda and others, ruling that their acquittal in the underlying Bander coal block allocation case eliminated the basis for PMLA proceedings

New Delhi: A Delhi court on Monday dismissed a complaint against former MP Vijay Darda, his son Devendra Darda and others for money laundering offences regarding the alleged irregularities in the allocation of the Bander coal block in Maharashtra. Holding that the allocation of coal blocks was part of a “policy decision” of a high-powered panel and the PMO, the special CBI court had acquitted former Darda and others on March 27.

Bringing down the curtains on the oldest pending coal block allocation case registered on March 27, 2014, Special Judge Sunena Sharma had also acquitted M/s AMR Iron and Steel Private Limited, Manoj Kumar Jayaswal and others.

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In its order, the court said on Monday, “In the light of the trial of underlying predicate offences ending up in acquittal, the very basis of the present proceedings for the offence under Section 3 (offence of money laundering) read with Section 70 (offences by companies), punishable under Section 4 of the Prevention of Money Laundering Act (PMLA) has vanished. In view thereof, present proceedings are dropped, and the complaint is dismissed.”

The court said that although the offence of money laundering is independent and distinct from the scheduled offence, the survival of said offence depends upon the existence of the scheduled offence and proceeds of crime. “Once the accused stands acquitted for the scheduled offence, there arises no question of the existence of any proceeds of crime,” it said.