The submission of the learned senior counsel Mr.Ponda that the Applicant has nothing to do with the Scheduled Offences is of no consequence, as the allegation faced by the accused persons in the subject complaint is about laundering of money of Iqbal Mirchi, the main accused and, since, the Applicant has received huge amount of money, as indicated in the complaints and to which I had made reference in the earlier orders, in my considered opinion, Section 436-A cannot be invoked at this stage, since the offence registered against Iqbal Mirchi involve an offence under Section 302 of the IPC as well as the offence under the NDPS Act, though the present Applicant is not an accused in any of the Scheduled Offences. The accusation faced by him alongwith the main accused Iqbal Mirchi is about layering and laundering of the money acquired by Iqbal Mirchi and its use in purchasing the three properties and, since, the genesis of this money lies in the three offences registered at the instance of Anti Narcotic Cell in the year 1992, 1993 and 1994 respectively, and, hence, in my considered opinion, no case is made out for invocation of Section 436-A, as the punishment imposed in the subject complaint would be the one falling in Part II of Section 4 i.e. maximum punishment may extend up to ten years of rigorous imprisonment. The argument that not a single Scheduled Offence under the NDPS Act is alleged to have been committed between 1986 to 1989, is ultimately a matter to be
