High Courts
Property Purchased Before PMLA Can Be Attached If Derived From "Proceeds Of Crime": Delhi High Court
The Delhi High Court on Monday 16 March, held that the offence of money laundering is a continuing offence, and property purchased from “proceeds of crime” can be attached under the Prevention of Money Laundering Act, 2002 (PMLA), even if it was acquired prior to the Act coming into force. A Division Bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla upheld the provisional attachment order issued by the Enforcement Directorate (ED). The Bench observed: “Viewed thus, so long...
Bombay High Court Refuses To Quash FIR, ED Probe Against Ex-Religare Chairperson Rashmi Saluja
The Bombay High Court has dismissed writ petitions filed by Dr Rashmi Saluja, former Executive Chairperson and key managerial person of Religare Enterprises Limited (REL), challenging an FIR registered against her in September 2024 and the proceedings initiated by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act. A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad refused to interfere with and FIR registered at Matunga Police Station,...
Delhi High Court Allows ED To Withdraw PMT Machines Appeal As It Turned Academic After Insolvency Resolution
The Delhi High Court has permitted the Enforcement Directorate to withdraw its appeal against PMT Machines Limited after holding that the challenge had become academic following the company's resolution under the insolvency law and the Supreme Court's decision to quash the related criminal proceedings. A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja said the appeal no longer required adjudication on merits. “In view of the subsequent developments, the present appeal has,...
Non-Bailable Warrants Can't Be Issued Against Person Summoned As Witness Or Suspect During ED Probe: Delhi High Court
The Delhi High Court has held that non-bailable warrants (NBWs) can't be issued against a person who has only been summoned as a witness or suspect in a money-laundering investigation, unless such person is shown to be accused of non-bailable offence.Justice Amit Sharma thus quashed the NBWs issued by the Enforcement Directorate against UK-based businessman Sachin Dev Duggal in connection with money laundering allegations.ED had sought issuance of NBWs on the ground that Petitioner failed to...
Karnataka High Court Issues Notice To ED On WinZO's Plea Challenging Search, Seizure In PMLA Probe
The Karnataka High Court on Monday issued notice to the Enforcement Directorate (ED) on a petition filed by an online gaming company, Winzo Pvt Ltd, seeking to declare that the search and seizure carried out by the ED at its office between 18.11.2025 and 22.11.2025 in furtherance of an investigation in a money laundering case is illegal and void.Justice Suraj Govindaraj issued notice and directed the ED to file its response to the petition and posted the matter for further hearing on December...
Property From Illegal Cricket Betting Activities Constitutes 'Proceeds Of Crime', Can Be Attached By ED: Delhi High Court
The Delhi High Court has held that though cricket betting is not a separate predicate offence under Prevention of Money Laundering Act, 2002, the property generated from such illegal activities can be attached by the Enforcement Directorate.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed that the scope of Section 2(1)(u) PMLA, which defines proceeds of crime, is very wide.“Even if a downstream activity, such as conducting betting, is not a scheduled offence,...
ED Search Under PMLA Not Restricted To Persons Named In Complaint, Covers Those In Possession Of Proceeds Of Crime: Delhi High Court
The Delhi High Court on Friday clarified that Section 17 of the Prevention of Money Laundering Act (PMLA) does not restrict the Enforcement Directorate (ED) to conduct searches only at the premises of persons who have been named in the prosecution complaint. A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain said that the provision of search also covers those individuals who are in possession of proceeds of crime but still may not be accused of any scheduled offence or...
Supplementary Complaint Under PMLA Doesn't Require Fresh Cognizance: Madras High Court
The Madras High Court recently observed that a supplementary complaint under Section 44 of the Prevention of Money Laundering Act is not a fresh or independent complaint requiring the court to take cognisance. The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq held that a supplementary complaint is a part and parcel of the main complaint for which cognisance has already been taken. The court added that taking multiple cognisance for the same offence would render the...
Delhi High Court Slams ED For Freezing Woman's Bank Accounts By Issuing 'Cryptic' Orders, Says 'Suspicion' Not 'Reason To Believe'
The Delhi High Court on Friday slammed the Enforcement Directorate (ED) for freezing bank accounts of a woman on mere suspicion, while setting aside the agency's orders calling them “cryptic” in nature. A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar observed that “suspicion” cannot be equated to a “reason to believe” and cannot also be equated with a “prima facie” opinion.“The freezing orders dated 05.09.2018 themselves do not disclose any such...
VC Rules No Shelter For PMLA Accused To Evade Physical Appearance In ED Probe: Delhi High Court
The Delhi High Court on Tuesday ruled that the videoconferencing rules do not operate as a shelter for a money laundering accused to evade physical and mandatory appearance in investigation by the Enforcement Directorate (ED). Justice Neena Bansal Krishna observed that VC facility is a measure to facilitate evidence recording, not to protect an absconding accused from facing mandatory investigation.Observing that VC was introduced to facilitate the progress of trial and to cause minimum...
Provisional Attachment Order Can't Be Challenged In Writ Jurisdiction When Alternative Remedy Under PMLA Exists: Delhi High Court
The Delhi High Court has observed that the provisional attachment order (PAO) cannot be challenged in the writ jurisdiction when an alternative remedy is available under the Prevention of Money Laundering Act, 2002.Justice Sachin Datta rejected a batch of petitions filed by Ms Krrish Realtech Pvt Ltd and its affiliates, including director Amit Katyal, challenging the Enforcement Directorate's (ED) PAOs. It was the petitioners' case is that they had initially approached the Supreme Court...