PMLA | For Acts Done Prior To Enactment Penalty Follows Only If Proceeds Of Crime Are Utilized, Article 20(1) Is Not Violated: Kerala HC

The Kerala High Court has held that Prevention of Money-Laundering Act, 2002 does not penalize a person for his past actions, but penal consequences only follow when the accused utilizes the proceeds of the crime from past actions for money laundering after the enactment of PMLA and the amendment to its schedule in 2009. The Court thus held that Section 3 of the PMLA criminalizes the act of money laundering and does not violate Article 20(1) of the Constitution.The appellant/petitioners had...

PMLA | Person Need Not Be Named As Accused In Complaint To Retain Seized Property Under Section 8(3) : Supreme Court

While dealing with a challenge to retention of an accused's electronic items, documents, etc. under the Prevention of Money Laundering Act, the Supreme Court recently observed that a person need not be named as an accused in the complaint in order for Section 8(3)(a) (dealing with continuation of retention) to apply. Rather, it is sufficient if a complaint alleging commission of an offense under Section 3 of the Act is pending."clause (a) will apply during the continuation of the proceedings...

PMLA Review: Supreme Court Lists Pleas Challenging Vijay Madanlal Choudhary Judgment On March 6

The Supreme Court is set to hear on March 6 the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA).It may be recalled that a bench of Justices Surya Kant, CT Ravikumar (now retired) and Ujjal Bhuyan was dealing with the matter. However, after the retirement of Justice Ravikumar, a need arose for reconstitution of the bench.The pleas were first listed on August 7, 2024, but the hearing kept...

Courts Can't Punish PMLA Accused Only Because ED Tosses Large Volume Of Documents In Complaint: Delhi Court Grants Bail

While granting bail to a man in a money laundering case, a Delhi Court has recently observed that a PMLA accused cannot be presumed to be guilty only because ED tosses large volume of documents in the complaint to magnify the alleged offence.“Nor can courts allow themselves to be a tool to punish the accused by presuming that he is guilty only because the Enforcement Directorate tossed over a large volume of documents and used embellishments in the complaint magnifying the offence as...

Mandate Of Serving Grounds Of Arrest In Writing Under UAPA Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Delhi High Court

The Delhi High Court on Thursday ruled that the mandate of serving grounds of arrest in writing to an arrestee under UAPA will apply to arrests from the date of pronouncement of Supreme Court ruling in Pankaj Bansal case delivered on October 03, 2023, and not from the date of pronouncement of subsequent decision in Prabir Purkayastha case.“…..the ratio of Pankaj Bansal would apply to arrests under the UAPA and other criminal offences from the date of pronouncement of Pankaj Bansal (i.e.,...

Karnataka High Court Allows ED To Access Aadhar Database For Probing Case Under PMLA

The Karnataka High Court has allowed a petition filed by Enforcement Directorate (ED) and directed the Unique Identification Authority of India (UIDAI) to permit ED to examine the Aadhar database of 21 persons including the identity information or authentication records, while probing a case registered under the Prevention of Money Laundering Act. A single judge, Justice Hemant Chandangoudar while allowing the petition said “An investigation into an offence of money laundering being...

Indrani Mukerjea | PMLA | 1984 Riots | Freebies in Elections | Article 226 & More [VIDEO]

Indrani Mukerjea | PMLA | 1984 Riots | Freebies in Elections | Article 226 & More

Concept Of PMLA Not To Keep Accused Somehow In Jail : Supreme Court To ED

The Supreme Court today (February 12) while granting bail to an IAS officer accused in the Chhatisgarh liquor scam observed that provisions of PMLA cannot be misused to keep individuals in jail. The bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, was considering the bail petition of an accused in a PMLA matter arising out of the alleged Chhattisgarh liquor scam. Justice Oka noted that the accused was arrested on August 8, 2024, and since then remained in custody despite the...

No Violation Of Natural Justice Principles If Accused Not Given Advance Copy Of S. 50 PMLA Application: Allahabad HC

The Allahabad High Court has recently observed that not providing an advanced copy of the application filed by the Director of Enforcement (ED) under Section 50 of the Prevention of Money Laundering Act, 2002, to the accused does not violate the principles of natural justice, as the accused has no right to oppose it. For context, under Section 50 of the PMLA, an ED officer is authorised to summon a person and request information from him regarding the case under the 2002 Act. It...

[PMLA] 'No Possibility Of Trial Being Concluded In Reasonable Time': Punjab & Haryana HC Grants Bail To Builder Accused Of Cheating Home Buyers

The Punjab & Haryana High Court has granted bail to a director of a company accused under the Prevention of Money Laundering Act (PMLA) for fabricating bank guarantees as well as cheating 1500 prospective home buyers.It was alleged that SIkander Singh failed to complete the projects as per time schedule and did not deliver the flats as per agreed terms & conditions, thus, he misappropriated the funds and cheated the home buyers to the tune of about Rs.363 Crore.Justice Mahabir Singh...

"There Is Something Wrong With The ED"

"Something is rotten in the state of Denmark" is a famous line from William Shakespeare's play Hamlet. Today, one might be tempted to apply this line to India's premier agency for investigating the offence of money laundering, the Enforcement Directorate [ED], which is responsible for investigating economic offences and financial crimes in India in view of their conduct in handling PMLA matters.The dismal state of affairs in handling the cases by ED is evident from the repeated reprimands from...