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...

'Something Wrong In ED' : ASG SV Raju Disowns ED's Affidavit, Says It's Filed Without Verification; 'Serious Matter', Says Supreme Court

Additional Solicitor General SV Raju made a startling submission before the Supreme Court on Friday (January 17) that there was something "fishy" about a counter-affidavit filed by the Enforcement Directorate (ED).ASG told a bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, which was considering the bail petition of an accused in a PMLA matter arising out of the alleged Chhattisgarh liquor scam, that the ED's counter-affidavit was "half-baked" and was filed without proper...

Supreme Court Grants Bail to JJM Scam Accused Padam Chand Jain In PMLA Case, Clarifies That Bail To Manish Sisodia Was Not Granted Under Article 142

While granting bail to Jal Jeevan Mission scam accused Padam Chand Jain in a money laundering case, the Supreme Court today clarified that the order granting bail to former Delhi Deputy CM Manish Sisodia was not passed in exercise of powers under Article 142 of the Constitution.The matter was before a bench of Justices BR Gavai, AG Masih and K Vinod Chandran, which noted that Jain has already been granted bail in the predicate offenses, that evidence in the case is primarily documentary in...

Existence Of "Proceeds Of Crime" Is Pre-Condition For Money-Laundering: J&K High Court Quashes PMLA Complaints In Alleged ₹250 Cr Scam

Underscoring the necessity of the existence of "proceeds of crime" for constituting an offence under the Prevention of Money-Laundering Act, 2002 (PMLA) the Jammu and Kashmir and Ladakh High Court has reiterated that in the absence of such proceeds, no money-laundering offence could arise.Quashing complaints filed under the PMLA in an alleged 250 crore scam Justice Javed Iqbal Wani observed,“Having regard to the aforesaid position obtaining in the matter, inasmuch as the admitted facts noticed...

'Contrary To Statute' : Supreme Court Pulls Up ED For Arguing That Stringent PMLA Bail Rigours Will Apply To Women

The Supreme Court on Thursday (December 19) pulled up the counsel representing the Enforcement Directorate (ED) for contending that rigorous bail conditions under the Prevention of Money Laundering Act (PMLA) will apply to women.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing a petition challenging the denial of bail to woman accused of money laundering.“If submissions are going to be made by Union of India contrary to express statute, we will ask Attorney General to...

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court

The Supreme Court yesterday (December 19) set aside an order of the Gauhati High Court which quashed summons under the Prevention of Money Laundering Act, 2002, (PMLA) to investigate proceeds of crime involved money laundering on grounds that the Respondent was discharged in scheduled offence (offences related to property in this case). A bench of Justices MM Sundresh and Aravind Kumar was hearing a challenge to the judgment of the Gauhati High Court dated January 3, whereby the summons...

Offence Under PMLA Is Standalone, Can't Have Joint Trial With Predicate Offence Even If Both Are Before Same Court: Madras HC

The Madras High Court has clarified that the trial under the Prevention of Money Laundering Act (PMLA) is distinct and different from the trial of the predicate offence and thus the accused cannot seek for a simultaneous or joint trial even if both are pending before the same court. A division bench of Justice SM Subramaniam and Justice M Jothiraman noted that since the procedures contemplated under the PMLA for trial are different, there was no question of joint or simultaneous trial....

PMLA Case | Allahabad HC Denies Bail To Man Accused Of Duping People By Impersonating Person Close To PM Modi

The Allahabad High Court on Tuesday denied bail to one Mohammad Kashif, booked under the Prevention of Money Laundering Act, on the allegations that he duped people financially by flaunting on social media morphed images with ministers, including Prime Minister Narendra Modi. Denying him the relief, a bench of Justice Samit Gopal noted that the alleged recovery of huge amount of money and other related documents and articles corroborate his deeds and that there is nothing credible to...

PMLA Does Not Intend To Attach Or Confiscate All Properties Of A Person Connected With Crime: Kerala High Court

The Kerala High Court has observed that the Prevention of Money Laundering Act 2002 (PMLA) does not intend to attach or confiscate all properties of a person connected with crime, especially those properties that were acquired before even the commission of the crime.A senior citizen and his wife have approached the Court seeking to quash an order of provisional attachment issued under the PMLA. Justice Bechu Kurian Thomas thus set aside the order of provisional attachment of properties purchased...