SUNITHA K.S Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) These five revision petitions are against the order of dismissal of discharge applications submitted by accused No.2,3 and 5 to 7 in a case registered alleging offence under Sec. 3 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the Act') A complaint was lodged alleging offence under Sec. 3 of the Act by the Enforcement Directorate after conducting a raid in the house of accused No.1. Earlier, the Central Bureau of Investigation had registered a crime on account of disproportionate assets.

(2.) The learned Senior Counsel appearing for the petitioners Sri.S.Sreekumar submitted that the only material that was taken up against accused No.2, 3 and 5 to 7 is the statement alleged to have been recorded by the officials under Sec. 50(2) of the Act from the respective accused persons and it is submitted that it will not constitute a valid confession, but will stand hit by the embargo under Sec. 25 of the Evidence Act. It is also submitted that the trial court found that the documents produced by the prosecution prima facie are not sufficient to bring home the guilt of accused,if proved, but the discharge applications were dismissed on the ground that the statement provided by the accused under Sec. 50(2) and 50(3) of the Act would show grave suspicion as against the accused.

(3.) Sec. 50 of the Act is extracted below for reference: