PMLA
ED Arrest Illegal If Not Based On Well Documented 'Reason To Believe' U/S 19 PMLA: Punjab & Haryana High Court
The Punjab & Haryana High Court has dismissed the plea of an industrialist accused of money laundering, challenging ED arrest, observing that grounds of arrest explicitly reveal and point to the effect that the Arresting Officer had conveyed his intention, reasons, grounds and belief to arrest the petitioner.Neeraj Saluja was accused of illegally diverting over Rs.1,500 crores from the loan amount for a purpose other than it was sanctioned.Justice Anoop Chitkara explained, "Any arrest shall...
Supreme Court To Lay Down Law On High Court's Power To Recall Pronounced Order And Rehear Case
The Supreme Court on Friday (October 4) said that it will lay down the law on whether a High Court can recall an order pronounced in the court and rehear the case.A bench of Justice Abhay Oka and Justice Augustine George Masih had on Monday expressed strong disapproval of the Madras High Court's decision to rehear a quashing petition in a money laundering case involving former Director General of Police (DGP) Jaffar Sait, despite having previously allowed the petition.The court had also...
S.70 PMLA | Properties Purchased Prior To Scheduled Offence Can Be Attached Even If Not Purchased With Proceeds Of Crime: Madras High Court
The Madras High Court recently observed that under the Prevention of Money Laundering Act, the properties that are acquired even before the alleged scheduled offence could be attached when criminal activity has taken place outside the country. The court highlighted that the properties sought to be attached need not be purchased from and out of the proceeds of crime. “Even in respect of the properties purchased prior to the scheduled offence under PMLA , such properties can be attached...
Supreme Court Calls Madras High Court's Rehearing Of Previously Allowed Quashing Petition “Absolutely Wrong”
The Supreme Court on Monday (September 30) said that the Madras High Court's decision to rehear a quashing petition despite having previously quashed the case was “absolutely wrong”.“What is this practice? Now what is to be done? This is something which is completely wrong”, Justice Abhay Oka said.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing the plea of retired Director General of Police (DGP) Jaffar Sait against the Madras High Court's decision to rehear his...
Bail Can't Be Denied Under PMLA On Mere Assumption That Property Recovered From Accused Must Be Proceed Of Crime: Delhi High Court
The Delhi High Court has recently held that bail cannot be denied under Prevention of Money Laundering Act, 2002, merely on the assumption that the property recovered from the accused must be proceed of crime.Justice Dinesh Kumar Sharma rejected a plea moved by Enforcement Directorate (ED) against grant of bail to an accused, Rahil Hiteshbhai Chovatia, in a money laundering case on October 19, 2022. An FIR was registered by Delhi Police's special cell the investigation of which revealed that...
Prima Facie Case Under PMLA Exists Against Senthil Balaji: Supreme Court While Granting Bail
The Supreme Court while granting bail former Tamil Nadu Minister Senthil Balaji in the money laundering case arising out of the cash for jobs allegations observed that there is a prima facie case against him.While the bench of Justice Abhay Oka and Justice Augustine George Masih granted bail on the ground of delay in trial, it observed that there is no reason to doubt the incriminating files against Balaji at this stage.The Court noted that printed version of files from the pen drive seized from...
Supreme Court Grants Bail To Former TN Minister Senthil Balaji In Money Laundering Case
The Supreme Court today (September 26) allowed the bail plea of former Tamil Nadu Minister Senthil Balaji in the money laundering case arising out of the cash for jobs allegations.A bench of Justice Abhay Oka and Justice Augustine George Masih had reserved its judgment and flagged delay in trial on August 12, 2024.Justice Oka, while pronouncing the verdict today, said that stringent bail provisions and delay in trial cannot go together."We have referred to Najeeb and other judgements. What we...
Supreme Court To Deliver Judgment On Senthil Balaji's Bail Plea In Money Laundering Case Tomorrow
The Supreme Court will deliver its judgment tomorrow (September 26) on the bail plea of former Tamil Nadu Minister Senthil Balaji in the money laundering case arising out of the cash for jobs allegations.A bench of Justice Abhay Oka and Justice Augustine George Masih had reserved its judgment and flagged delay in trial on August 12, 2024Senthil Balaji, a former Tamil Nadu Minister and current MLA, is accused in a money laundering case stemming from allegations of his involvement in a...
ED Interrogations Lasting 14 Hrs "Not Heroic", Violate Human Dignity: Punjab & Haryana HC While Declaring Congress MLA's Arrest Illegal
The Punjab and Haryana High Court today asked the Enforcement Directorate to take remedial measures and sensitize its officers to follow some "reasonable time limit" for interrogations of suspects under PMLA, in one go.Justice Mahabir Singh Sindhu said ED interrogation lasting for upto 15 hours in this case "is not heroic...rather it is against the dignity of a human being." For future, the Court directed the ED to observe the mandate of right to life and liberty, which includes right to...
'What Is Rate Of Conviction In PMLA Cases? You Keep Person In Jail For Years' : Supreme Court To ED While Granting Interim Bail
The Supreme Court today granted interim bail to Chhattisgarh's suspended civil servant Saumya Chaurasia in a money laundering case, taking into account factors including the amount of time spent in custody and the non-framing of charges.Chaurasia, former Deputy Secretary to ex-Chhattisgarh Chief Minister Bhupesh Baghel, is accused in a money laundering case relating to coal scam. She has been in jail for 1 yr and 9 months now.The bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was...
Long Custody Will Enure To Benefit Of Accused For Bail When Delay In Trial Isn't His Fault : Supreme Court Grants Bail In PMLA Case
Observing that continued incarceration will enure to the benefit of the accused who is not responsible for the delay in trial, the Supreme Court granted bail to an accused in a money laundering case related to cattle smuggling across India-Bangladesh border."..a continued incarceration where the appellant is not entirely at fault for the completion of trial due to a prolonged delay, would enure to his benefit for the purpose of granting bail," observed the Court granting bail to one Mohd....