Allahabad High Court Grants Bail To Accused In Money Laundering Case, Says Section 45 PMLA Not Applicable As Arrest Not Made Under Section 19

The Allahabad High Court on Monday granted bail to an accused in a case under the Prevention of Money Laundering Act (PMLA), observing that he was not arrested by the investigating agency under Section 19 of the PMLA and therefore rigours of Section 45 of the PMLA can't be made applicable. The regular bail application moved by the applicant was rejected by the trial court on the ground that the twin conditions of Section 45 of PMLA are not satisfied. Justice Rajesh Singh...

Allahabad High Court Grants Bail To Accused In Money Laundering Case, Says Section 45 PMLA Not Applicable As Arrest Not Made Under Section 19

The Allahabad High Court on Monday granted bail to an accused in a case under the Prevention of Money Laundering Act (PMLA), observing that he was not arrested by the investigating agency under Section 19 of the PMLA and therefore rigours of Section 45 of the PMLA can't be made applicable. The regular bail application moved by the applicant was rejected by the trial court on the ground that the twin conditions of Section 45 of PMLA are not satisfied. Justice Rajesh Singh...

Delhi Liquor ‘Scam’: Court Denies Bail To Vijay Nair, 4 Others In Money Laundering Case

A Delhi Court on Thursday denied bail to Aam Aadmi Party communications-in-charge Vijay Nair and four others in a money laundering case being probed by Enforcement Directorate (ED) in relation to Delhi government's excise policy.Special Judge MK Nagpal of Rouse Avenue Courts also denied bail to Sharath Reddy, Abhishek Boinpally, Benoy Babu and Sameer Mahendru.Copy of the order is awaited.The money laundering case arises out of the FIR initially registered by Central Bureau of...

Explain 'Sick Person' Exempted From Twin Bail Conditions Under PMLA: Bombay High Court On Nawab Malik's Plea In Money Laundering Case

The Bombay High Court on Tuesday sought to know who could be called a "sick" person under the Prevention of Money Laundering Act and if NCP leader Nawab Malik fell under that category for an expeditious bail hearing."I have some questions on this as many matters are now coming up where the person (accused) says grant me bail as I am sick. So I want to know who is a sick person. I want you to argue on …. who will be a sick person," Justice MS Karnik said. He added that if the counsels weren't...

Allahabad High Court Denies Bail To Alleged PFI Leader Accused Of Collecting Over ₹20 Crore For Unlawful Activities

The Allahabad High Court today rejected the bail plea of the alleged Popular Front of India (PFI) leader Abdul Razaq Peediyakkal in the PMLA Case wherein he has been accused of collecting and laundering funds over Rs. 20 crores for the PFI. The bench of Justice Rajesh Singh Chauhan rejected the bail plea today. A detailed copy of the order is awaited. It may be noted that the ED raided Peediyakkal’s residence as well as the Munnar Villa Vista Project (MVVP) site in December 2021...

Trial Of Scheduled Offence Should Take Place In Special Court Which Has Taken Cognizance Of Offence Of Money-Laundering : Supreme Court

The Supreme Court held that the trial of the scheduled offence should take place in the Special Court which has taken cognizance of the offence of money-laundering.The court also added that the provisions of the Cr.P.C. are applicable to all proceedings under the PMLA Act including proceedings before the Special Court, except to the extent they are specifically excluded.The bench of Justices V. Ramasubramanian and J.B. Pardiwala observed thus while dismissing the writ petition filed by...

Supreme Court Annual Digest 2022- Prevention of Money Laundering Act (PMLA), 2002

Prevention of Money Laundering Act 2002 - Money laundering is an independent offence. (Para 7) Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867 Prevention of Money Laundering Act 2002 - Protective order passed against one investigating agency cannot operate against another investigating agency even if there are factual similarities in allegations- Interim protection granted against coercive action by the CBI cannot operate against ED. Dr. Manik Bhattacharya v. Ramesh ...

Rana Ayyub PMLA Case: Supreme Court Asks Ghaziabad Court To Defer Hearing Till Jan 31 [VIDEO]

Enforcement Directorate Can Only Investigate Money Laundering Offence, Can’t Assume Commission Of Predicate Offence: Delhi High Court

The Delhi High Court has observed that Enforcement Directorate (ED) can only investigate the offence of money laundering and cannot assume, from the material gathered by it during investigation, that a predicate offence stands committedEmphasising that the Prevention of Money Laundering Act, 2002 empowers the ED to investigate offences under Section 3 only, Justice Yashwant Varma said:“Its power to investigate and enquire stands confined to the offence of money laundering as defined in that...

Prevention Of Money Laundering Act (PMLA): Digest Of High Court Cases-2022

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here is a Digest on decisions relating to Prevention of Money Laundering Act, 2002:1. Prevention Of Money Laundering Act | "For Money-Launderers Jail Is The Rule And Bail Is An Exception": Allahabad High CourtCase title - Anirudh Kamal Shukla v. Union Of India Thru. Assistant Dir. Directorate Of Enforcement LkoCase Citation: 2022 LiveLaw (AB) 136While rejecting the anticipatory bail...

Coal Block Case: Delhi High Court Quashes PMLA Case Against EMTA Coal After CBI Files Closure Report In 2015 FIR

The Delhi High Court has quashed the ECIR and attachment orders passed by the Enforcement Directorate against EMTA Coal Limited and other individuals, observing that if there is an acquittal or discharge or a closure report has been filed in the predicate offence, the ECIR would not stand and the same would be liable to be quashed."In view of the settled legal position in Vijay Madanlal Choudhary and the subsequent decisions and orders thereafter, the impugned attachment orders dated 14th...

Application For Cross Examination Before Adjudicating Authority Integral Part Of Adjudication Process, Not Alien To PMLA Proceedings: Delhi HC

The Delhi High Court has observed that an application for cross-examination filed before the Adjudicating Authority under Prevention of Money Laundering Act, 2002 is an integral part of the adjudication process and not alien to the proceedings under Section 8 of the enactment. The court also said cross-examination need not be permitted in every case.Justice Prathiba M Singh said that any interim or procedural orders passed as part of the adjudication process would be “orders under this Act”...