PMLA&FEMA
'Order Taking Cognizance Of PMLA Complaint Quashed' : Supreme Court Grants Bail To Ex-IAS Officer In Chhattisgarh Liquor Scam
The Supreme Court today (April 15) granted bail to former IAS officer Anil Tuteja in a money laundering case arising out of the alleged Chhattisgarh liquor scam, noting that the order of trial court taking cognizance of the money laundering case has been set aside.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed that the principles laid down in V. Senthil Balaji v. Deputy Director would apply to the present case, as Tuteja has been under incarceration for about a year and no...
PMLA | Not Mandatory For Court To Conclude That Accused Is Innocent Before Granting Bail: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that for the purpose of granting bail to an accused under the Prevention of Money Laundering Act (PMLA), it is not a mandatory requirement that the Court must arrive at a finding that the petitioner had not committed any offence under the PMLA.Justice N.S. Shekhawat said, "Therefore, this Court has no hesitation to hold that the restrictions, while considering the matter of bail, are required to be construed reasonably. If the Court comes to the...
BNSS & BSA Grant Discretion To Summon, Examine Witnesses Allowing Trial Courts To Determine How To Proceed In PMLA Cases: Kerala High Court
The Kerala High Court has held that Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshiya Adhiniyam (BSA) grant discretion in the manner for summoning and examining witnesses, allowing the Trial Court to determine whether to proceed with the PMLA trial or to keep it in abeyance until the predicate offence trial is concluded.A division bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar observed that delaying the PMLA trial until the conclusion of the trial in the...
PMLA | For Acts Done Prior To Enactment Penalty Follows Only If Proceeds Of Crime Are Utilized, Article 20(1) Is Not Violated: Kerala HC
The Kerala High Court has held that Prevention of Money-Laundering Act, 2002 does not penalize a person for his past actions, but penal consequences only follow when the accused utilizes the proceeds of the crime from past actions for money laundering after the enactment of PMLA and the amendment to its schedule in 2009. The Court thus held that Section 3 of the PMLA criminalizes the act of money laundering and does not violate Article 20(1) of the Constitution.The appellant/petitioners had...
PMLA | Person Need Not Be Named As Accused In Complaint To Retain Seized Property Under Section 8(3) : Supreme Court
While dealing with a challenge to retention of an accused's electronic items, documents, etc. under the Prevention of Money Laundering Act, the Supreme Court recently observed that a person need not be named as an accused in the complaint in order for Section 8(3)(a) (dealing with continuation of retention) to apply. Rather, it is sufficient if a complaint alleging commission of an offense under Section 3 of the Act is pending."clause (a) will apply during the continuation of the proceedings...
PMLA Review: Supreme Court Lists Pleas Challenging Vijay Madanlal Choudhary Judgment On March 6
The Supreme Court is set to hear on March 6 the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA).It may be recalled that a bench of Justices Surya Kant, CT Ravikumar (now retired) and Ujjal Bhuyan was dealing with the matter. However, after the retirement of Justice Ravikumar, a need arose for reconstitution of the bench.The pleas were first listed on August 7, 2024, but the hearing kept...
Mandate Of Serving Grounds Of Arrest In Writing Under UAPA Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Delhi High Court
The Delhi High Court on Thursday ruled that the mandate of serving grounds of arrest in writing to an arrestee under UAPA will apply to arrests from the date of pronouncement of Supreme Court ruling in Pankaj Bansal case delivered on October 03, 2023, and not from the date of pronouncement of subsequent decision in Prabir Purkayastha case.“…..the ratio of Pankaj Bansal would apply to arrests under the UAPA and other criminal offences from the date of pronouncement of Pankaj Bansal (i.e.,...
Karnataka High Court Allows ED To Access Aadhar Database For Probing Case Under PMLA
The Karnataka High Court has allowed a petition filed by Enforcement Directorate (ED) and directed the Unique Identification Authority of India (UIDAI) to permit ED to examine the Aadhar database of 21 persons including the identity information or authentication records, while probing a case registered under the Prevention of Money Laundering Act. A single judge, Justice Hemant Chandangoudar while allowing the petition said “An investigation into an offence of money laundering being...
Concept Of PMLA Not To Keep Accused Somehow In Jail : Supreme Court To ED
The Supreme Court today (February 12) while granting bail to an IAS officer accused in the Chhatisgarh liquor scam observed that provisions of PMLA cannot be misused to keep individuals in jail. The bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, was considering the bail petition of an accused in a PMLA matter arising out of the alleged Chhattisgarh liquor scam. Justice Oka noted that the accused was arrested on August 8, 2024, and since then remained in custody despite the...
No Violation Of Natural Justice Principles If Accused Not Given Advance Copy Of S. 50 PMLA Application: Allahabad HC
The Allahabad High Court has recently observed that not providing an advanced copy of the application filed by the Director of Enforcement (ED) under Section 50 of the Prevention of Money Laundering Act, 2002, to the accused does not violate the principles of natural justice, as the accused has no right to oppose it. For context, under Section 50 of the PMLA, an ED officer is authorised to summon a person and request information from him regarding the case under the 2002 Act. It...
'Something Wrong In ED' : ASG SV Raju Disowns ED's Affidavit, Says It's Filed Without Verification; 'Serious Matter', Says Supreme Court
Additional Solicitor General SV Raju made a startling submission before the Supreme Court on Friday (January 17) that there was something "fishy" about a counter-affidavit filed by the Enforcement Directorate (ED).ASG told a bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, which was considering the bail petition of an accused in a PMLA matter arising out of the alleged Chhattisgarh liquor scam, that the ED's counter-affidavit was "half-baked" and was filed without proper...