PMLA
Twin Conditions For Bail U/S 45 PMLA Declared Unconstitutional By SC Restored By 2018 Amendment: Kerala High Court
The Kerala High Court has recently ruled that while considering a bail application under the Prevention of Money Laundering Act, the twin conditions specified in Section 45(1) of PMLA and the general principles governing the grant of bail under Section 439 of CrPC should be considered.After examining Sections 65 and 71 of the PMLA, Justice Kauser Edappagath found that PMLA has an overriding effect and the provisions of the CrPC would apply only if they are not inconsistent with the provisions...
Supreme Court Asks SAD Leader Bikram Singh Majithia To Approach High Court For Quashing Of FIR & Seeking Bail
The Supreme Court on Tuesday granted liberty to SAD Leader Bikram Singh Majithia to approach the Division Bench of Punjab and Haryana High Court against quashing of FIR registered against him in NDPS case and for grant of bail. Majithia had also sought an alternative prayer for entrusting the investigation to the Special Investigation team, but while refusing to grant such relief, the bench of Justices DY Chandrachud, Surya Kant and PS Narasimha in their order said, "The main relief...
S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court
The Jharkhand High Court recently observed that twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 that were declared unconstitutional by the Supreme Court in the case of Nikesh Tarachand Shah v. Union of India, stand revived on account of the defects purportedly being cured by the Parliament by way of 2018 Amendment Act.On the basis of the above, Justice Subhash Chand denied a bail application of an accused under the Act.The case relating to recovery...
Nawab Malik Seeks Temporary Medical Bail In Money Laundering Case
NCP leader and Maharashtra Cabinet Minister Nawab Malik has sought temporary medical bail in the money laundering case alleging his "involvement in terror funding" based on a 1999- 2005 land deal concerning Dawood Ibrahim's sister. Special Judge R N Rokade is likely to hear the plea on Monday. Malik (62) had earlier told the court that he was unwell due to kidney ailments and had swelling in his legs. Malik was arrested in the case being investigated by the Enforcement Directorate...
PMLA Is A Penal Statute And Enforcement Directorate Officials Are Police Officers: Kapil Sibal Submits Before Supreme Court
The Supreme Court on Tuesday resumed hearing on a string of petitions challenging the constitutional validity of several provisions of the PMLA Act.Senior Advocate Kapil Sibal, for the petitioners, made his rejoinder submissions."The heart of criminal jurisprudence is the fundamental constitutional premise that you cannot start an investigation without information that you record and without the accused knowing the information that you record. The reason behind that is that under the code of...
PMLA : Supreme Court Rejects Challenge Against Madras HC Decision That 2018 Amendment Revived Twin Conditions For Bail Under Section 45
The Supreme Court recently (February 25) dismissed a special leave petition assailing the order of the Madras High Court, whereby the Directors of a company were denied bail, inter alia, upholding the presumption of constitutionality of Section 45(1) and the twin conditions therein, as amended by the Finance Act, 2018. Upon hearing the submissions made by Solicitor General of India, Mr. Tushar Mehta, a Division Bench comprising Justices A.M. Khanwilkar and C.T. Ravikumar refused to...
Without Proving Knowledge About Proceeds Of Crime, Can Money Laundering Be Presumed? Supreme Court Asks ED
The Supreme Court on Thursday resumed hearing the string of petitions challenging the constitutional validity of several provisions of the PMLA Act.Additional Solicitor General S. V. Raju continued his submissions on behalf of the Enforcement Directorate.Does it follow that without leading in evidence, the prosecution can succeed on the allegation of money-laundering without pointing out the aspect of 'knowingly or is actually involved in any process or activity', which is the core of section...
Section 436A CrPC Setting Cap For Pre-Trial Custody Applicable To PMLA Offences, Says Supreme Court At Hearing
The Supreme Court on Wednesday orally observed that Cr. P. C. section 436A is an independent scheme under the Cr. P. C. dealing with specific situations, which has not been modified by the Prevention of Money Laundering Act, and therefore section 436A will also apply under the PMLA regime by virtue of section 65 of the PMLA.The Court told Solicitor General of India Tushar Mehta that though the aspect of applicability of section 436A (maximum period for which an undertrial prisoner can be...
PMLA Interpretation - 2018 Amendment Has Revived The Twin Conditions For Bail Which Were Struck Down : Solicitor General Tells Supreme Court
The Supreme Court on Tuesday resumed hearing the string of petitions challenging the constitutionality of several provisions of the PMLA Act.When Solicitor General Tushar Mehta, on Tuesday, sought to address the bench on the validity of section 45 of the PMLA, Justice A. M. Khanwilkar indicated that the first question is whether the provision, which was struck down by the Supreme Court in Nikesh Tarachand Shah case in 2017, stands revived by virtue of the 2018 amendment.Section 45, when it was...
Applying Section 41A CrPC Will Defeat PMLA's Objective : Solicitor General Tells Supreme Court
The Solicitor General of India Tushar Mehta continued his arguments in the Supreme Court on Thursday defending the provisions of the Prevention of Money Laundering Act.The top law officer of the Union emphasised that the PMLA was a "complete code" in itself and the provisions of the Code of Criminal Procedure, such as the notice under Section 41A CrPC, or the FIR procedure under Section 154, do not apply to money laundering offences. Highlighting that the PMLA has higher threshold and...
PMLA Offences Non-Cognizable In The Sense Local Police Can't Arrest, Says Supreme Court During Hearing
The Supreme Court on Wednesday remarked that the PMLA Act offences are not cognisable only to the extent of the scheme of the Cr. P. C.- that they are cognisable in the sense that arrests can be effected without a warrant by authorities specified in the Act, but they are non-cognisable qua the local police so that arrests cannot be made under the Cr. P. C.The Court was hearing SG Tushar Mehta's response to the primary contention of the Petitioners that the offence of money laundering under the...
BREAKING| Maharashtra Minister Nawab Malik Approaches Bombay High Court To Declare ED Arrest Illegal; Terms It 'Political Vendetta'
Nationalist Congress Party (NCP) leader and Maharashtra Cabinet Minister Nawab Malik has approached the Bombay High Court to quash the money laundering ECIR (FIR) registered against him as also the Special court's order remanding him in the Enforcement Directorate's custody till March 3, 2021. The State Minority Development Minister alleged "illegal arrest," for being a "vocal critique of the misuse of Central agencies since actor Rhea Chakraborty's arrest." "The Petitioner states that...