ED Moves Supreme Court Against Madras HC Order Restraining Probe Under PMLA Into Alleged Illegal Sand Mining

The Enforcement Directorate has approached the Supreme Court against a Madras High Court judgment which restrained it from carrying out investigation under the Prevention of Money Laundering Act against private contractors in connection with alleged illegal sand mining.The matter was listed today before a bench of Justices Sanjiv Khanna and Sanjay Kumar which, without issuing notice at this stage, asked the parties to file their notes on the aspect of provisional attachment under PMLA in absence...

PMLA | Enforcement Directorate Is Well Within Rights To Challenge Closure Report In Predicate Offence: Madras High Court

The Madras High Court recently held that once a complaint under the Prevention of Money Laundering Act was registered, the Enforcement Directorate was within its right to challenge the closure report filed in the Predicate Offence if the same resulted in miscarriage of justice.“During the pendency of complaint under PMLA, if the predicate offence is closed, in the present case, it resulted in miscarriage of justice, the Enforcement Directorate is well within its rights to place the facts before...

ED Misused Its Powers To Arrest, Acted As Per Its Whims & Fancies: Bombay High Court Grants Bail To Accused In PMLA Case

The Bombay High Court last week while granting bail to a man arrested by the Enforcement Directorate (ED) observed that the anti-money laundering agency "misused" its powers of arrest and acted as per this own "whims and fancies."A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan slammed the ED for arresting the petitioner Deepak Deshmukh in a predicate offence lodged way back eighty years ago (in 2016) in which he was neither named nor chargesheeted. The judges noted that the...

Impermissible To Use Section 45 Of PMLA As Tool For Incarceration When Delay In Trial Not Attributable To Accused: Delhi High Court

The Delhi High Court has held that keeping an accused in custody by using Section 45 of PMLA as a tool for incarceration is not permissible where the delay in trial is not attributable to the accused.“Flow of liberty cannot be dammed by Section 45 without taking all other germane considerations into account. It is the duty of Constitutional Courts to champion the constitutional cause of Liberty and uphold the majesty of Article 21,” Justice Manoj Kumar Ohri said. According to Section 45 of the...

Punjab & Haryana High Court Directs ED To Arrest Former Congress MLA Dharam Singh Chhoker In PMLA Case

The Punjab & Haryana High Court directed the Enforcement Directorate (ED) to forthwith arrest former Congress MLA from Haryana Dharam Singh Chhoker accused in a Prevention of Money Laundering Act, 2002 (PMLA) case.It is alleged that the Company owned by Chokker and his family, Mahira Infratech Pvt Ltd had collected Rs 363 crore from homebuyers for the construction of 1,500 flats to be delivered in 2021-2022. The company accounts, funds were allegedly siphoned off as advance loan to other...

'Will Take ED Officers To Task' : Supreme Court Frowns Upon ED's Overnight Questioning; Terms It 'Unpardonable'

The Supreme Court on Monday (October 21) questioned the manner in which retired IAS Officer Anil Tuteja was interrogated by the Enforcement Directorate in the alleged liquor scam case in Chhattisgarh.A bench of Justice Abhay S Oka and Justice Augustine George Masih was hearing petition filed by Tuteja challenging the Chhattisgarh High Court's refusal to quash corruption and money laundering charges against him in connection with the alleged liquor scam in the state. Justice Oka compared money...

Whether Adjudicating Authority Under PMLA Ought To Have One Judicial Member? Supreme Court To Consider

A Division Bench of the Supreme Court has passed an order directing that 6 cases, raising the issue whether Adjudicating Authority under Prevention of Money Laundering Act (PMLA) ought to have one Judicial Member, be placed before the Chief Justice of India so that they can be listed before one Bench.The order was passed by a bench of Justices Abhay S Oka and AG Masih in a special leave petition filed by the Enforcement Directorate, assailing an order of the Sikkim High Court whereby...

PMLA Review | Supreme Court Adjourns Hearing At Request Of Parties, Lists Matter On Nov 27

The Supreme Court today adjourned the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA). Next date given in the matter is November 27.A bench of Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan passed the order, at a request made by the parties. While the petitioners submitted that Senior Advocate Kapil Sibal was on his legs in a part-heard, ED counsel Zoheb Hossain responded that ED was...

Pendency Of Criminal Appeal Against Conviction In Schedule Offence Not Bar For Proceeding With PMLA Trial: Madras High Court

The Madras High Court recently observed that pendency of a criminal appeal against the conviction in a schedule offence is not a bar to proceed wit trial in the PMLA case. The court stressed that the schedule case and the PMLA case are distinct and different and thus the trial in money laundering case could not be postponed merely on the pendency of a criminal appeal in the schedule case. “In any angle, pendency of a criminal appeal cannot be an absolute bar for proceeding with the PMLA...

Courts Today 14.10.24

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Mere Possession Of 'Proceeds Of Crime' Sufficient To Invoke PMLA, HC Cannot Restrict Its Meaning To Restrain Authorities: Madras High Court

The Madras High Court recently observed that the expression money laundering, as defined under Section 3 of the Prevention of Money Laundering Act has a wider meaning and the provisions of the Act could be invoked against a person for mere possession of proceeds of crime. The court added that since Section 3 is wider, the court could not restrict its meaning to restrain authorities from invoking the provisions of PMLA. “Therefore, mere possession of proceeds of crime would be sufficient...