'Proceeds Of Crime' Not Magical Term Which Can Be Established Merely Because ED Recites It In Complaint: Delhi Court Grants Bail In PMLA Case

While granting bail to a man in a money laundering case, a Delhi Court has observed that “proceeds of crime” is not a magical term that can be taken to be established merely because the Enforcement Directorate (ED) has recited it in its complaint. Additional Sessions Judge Sudhanshu Kaushik of Patiala House Courts observed that there ought to be some evidence on record to demonstrate that the money has either been derived or obtained from a criminal activity in respect of which a predicate...

PMLA | Stay On FIR Doesn't Bar ED From Registering ECIR: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that stay on a FIR lodged on a predicate offence does not mean that the Enforcement Directorate (ED) cannot register an Enforcement Case Information Report (ECIR) for a money laundering case under Prevention of Money Laundering Act, 2002 (PMLA).The observation came in response to the plea seeking quashing of a money laundering case in a matter pertaining to allegations on builders for duping the investors after obtaining the licence to develop...

Liquor Policy: Delhi Court Issues Summons To CM Arvind Kejriwal On ED's Fresh Plea Against Non-Compliance Of Summons

A Delhi Court on Thursday issued summons for the second time to Chief Minister Arvind Kejriwal on a fresh plea moved by the Enforcement Directorate (ED) for not complying with the summons issued to him in the money laundering case related to the alleged liquor policy scam.Additional Chief Metropolitan Magistrate Divya Malhotra of Rouse Avenue Courts has now listed the matter for hearing on March 16.So far, Kejriwal has been issued eight summons in the case. ED had earlier...

[PMLA] Enforcement Directorate Can't Restrain Movement Of Persons Whose Premises Are Being Searched: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the Enforcement Directorate (ED) cannot restrain the movements of the persons, whose premises are being searched in money laundering cases.Perusing the PMLA Rules, 2005 Justice Vikas Behl said, "there is nothing which stops the persons whose premises are being searched from carrying out their daily routine including going to their offices/place of work and the authorities have a right to require the said persons to open any lock,...

NCLT Has Jurisdiction To Direct ED To Release Attached Properties Of Corporate Debtor: Bombay High Court

The Bombay High Court held recently that the NCLT has the jurisdiction to direct the Enforcement Directorate (ED) to release attached properties of a corporate debtor once the resolution plan has been approved and immunity from prosecution is triggered under Section 32A of IBC, 2016.A division bench of Justice BP Colabawalla and Justice Somasekhar Sundaresan upheld an NCLT order directing the ED to release the properties of a corporate debtor that were attached under the Prevention of Money...

PMLA Accused Can't Be Arrested After Special Court Has Taken Cognizance Of Complaint : Supreme Court Expresses Prima Facie View

Update - Final judgment on this issue delivered on May 16, 2024- ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme CourtIn a case under the Prevention of Money Laundering Act (PMLA), the Supreme Court has taken up the issue as to whether an accused person can be arrested by authorities once cognizance is taken by the Special Court under Section 44 of the Act and summons are issued. “Prima facie, it appears to us that once cognizance of a...

Waqf Board Case: Delhi Court Denies Anticipatory Bail To AAP MLA Amanatullah Khan In Money Laundering Case

A Delhi Court on Friday denied anticipatory bail to Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment.Additional Sessions Judge Rakesh Syal of Rouse Avenue Courts observed that there appeared to be no reasonable grounds for believing that Khan is not guilty of the alleged offences or that he is not likely to commit any offence while on bail. “Considering the material available on record and the facts...

Under PMLA, Jail Is The Rule And Bail Is The Exception: Madras High Court In Senthil Balaji's Plea

The Madras High Court on Wednesday emphasised that though generally bail is the rule and jail is the exception, under the Prevention of Money Laundering Act(PMLA), this principle was turned and jail became the rule. Justice Anand Venkatesh made the observations while dismissing the bail plea of former TN Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate in connection with a cash-for-job money laundering case. Balaji had previously sought bail on medical grounds...

Breaking: Madras High Court Denies Bail To Former Minister Senthil Balaji In Money Laundering Case, Directs Trial Be Completed In 3 Months

The Madras High Court has dismissed the bail plea of MLA and former Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate in June last year in a cash-for-jobs money laundering case.Justice Anand Venkatesh on Wednesday observed that there were no merits in the bail plea filed by Balaji. However, considering that Balaji had been incarcerated for more than 8 months, the court directed the Special court to complete the trial in the case within 3 months. "The...

Supreme Court Allows ED To Proceed With Summonses To Tamil Nadu District Collectors, Says State's Writ Petition Prima Facie Misconceived

The Supreme Court on Tuesday (February 27) suspended the operation and execution of an interim order issued by the Madras High Court staying the summonses issued to district collectors in Tamil Nadu in connection with alleged illegal sand mining-money laundering cases. The top court today granted interim relief in response to a special leave petition filed by the Directorate of Enforcement (ED) against a November 28 ruling of the high court staying the operation of these summonses issued by the...

Person Who Assists With Proceeds Of Crime May Be Prosecuted Under PMLA Though Not Booked For Existing Scheduled Offence: Jharkhand High Court

The Jharkhand High Court has observed that individuals implicated in a PMLA (Prevention of Money Laundering Act) case, who become involved after the commission of the scheduled offense by aiding in the concealment or utilization of proceeds of crime, are not required to be accused in the scheduled offense. The court emphasized that these individuals can still face prosecution under PMLA as long as the scheduled offense remains valid.Justice Sujit Narayan Prasad observed that, “...an accused in...

'ED Can't Investigate Predicate Offences', Says TN; 'What Prejudice Caused If State Helps ED?', Asks Supreme Court

The Supreme Court on Monday (February 26) continued its probing examination of the Tamil Nadu government's standing to challenge summonses issued by the Enforcement Directorate (ED) to district collectors in connection with alleged illegal sand mining-money laundering cases.A bench of Justices Bela M Trivedi and Pankaj Mithal was hearing a special leave petition filed by the Directorate of Enforcement (ED) against a November 28 ruling of the high court staying the operation of the summonses...