Concealment Of Proceeds Of Crime An Offence Under PMLA, ED Need Not Establish Where The Money Eventually Went: Madras High Court
3 months ago

Concealment Of Proceeds Of Crime An Offence Under PMLA, ED Need Not Establish Where The Money Eventually Went: Madras High Court

Live Law  

The Madras High Court recently held that since the concealment of proceeds of crime itself is an offence under the Prevention of Money Laundering Act, the Enforcement Directorate is not required to establish where the money eventually went. The court was hearing a revision petition filed by KC Chandran, his wife and his company against the order of the Special Court refusing to discharge them from a money laundering case. Ot was further argued that identification of the proceeds of crime was sine qua non in PMLA proceedings and since the money alleged in the present case had not been identified, no complaint would lie. The court observed that since concealment of proceeds of crime itself would constitute the offence of money laundering, the petitioners could not take a defence that the complaint will not lie unless the proceeds of crime are identified.

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History of this topic

PMLA | Money Laundering Offence Continues So Long As Proceeds Of Crime Are Concealed, Used Or Projected As Untainted : Supreme Court
4 days, 13 hours ago

PMLA | Money Laundering Offence Continues So Long As Proceeds Of Crime Are Concealed, Used Or Projected As Untainted : Supreme Court

Live Law  

Observing that the offence of money laundering is a continuing offence and not a one-time occurrence, the Supreme Court today refused to discharge Pradeep Sharma, a former Gujarat IAS officer in a case under the Prevention of Money Laundering Act. The argument that no offence of money laundering could be made out because the alleged predicate offence occurred before the …

SC pulls up ED for using PMLA to keep accused in jail
1 month, 1 week ago

SC pulls up ED for using PMLA to keep accused in jail

New Indian Express  

NEW DELHI: The Supreme Court has pulled up the ED for using the Prevention of Money Laundering Act to keep an accused in jail and questioned if the provision was "being misused" like the dowry law. A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed on Wednesday while granting bail to Arun Pati Tripathi, a former excise …

Mere possession of site allegedly allotted illegally to accused will not constitute offence of money laundering: HC
1 month, 3 weeks ago

Mere possession of site allegedly allotted illegally to accused will not constitute offence of money laundering: HC

The Hindu  

Mere possession of a site that was allegedly allotted illegally to an accused in connection with a scheduled offence does not, by itself, constitute an offence under the Prevention of Money Laundering Act, 2002, unless the essential ingredients of the offence of money laundering, as defined under Section 3 of the Act, are satisfied, stated the High Court of Karnataka. …

Existence Of "Proceeds Of Crime" Is Pre-Condition For Money-Laundering: J&K High Court Quashes PMLA Complaints In Alleged ₹250 Cr Scam
2 months, 1 week ago

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

Live Law  

Underscoring the necessity of the existence of "proceeds of crime" for constituting an offence under the Prevention of Money-Laundering Act, 2002 the Jammu and Kashmir and Ladakh High Court has reiterated that in the absence of such proceeds, no money-laundering offence could arise. The petitioners, who served as Chairman and Secretary, respectively, of the River Jehlum Co-operative House Building Society …

International trade-based money laundering bust in Chennai that got ED 14 per cent of its convictions
2 months, 2 weeks ago

International trade-based money laundering bust in Chennai that got ED 14 per cent of its convictions

New Indian Express  

CHENNAI: An investigation by the Enforcement Directorate into a money-laundering scam where at least Rs 120 crore worth US dollars were sent to Hong Kong through multiple shady accounts with two Chennai banks has given the agency six of its 42 all-India Prevention of Money Laundering Act convictions till date. The probe is significant for multiple reasons; firstly, ED got …

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

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

Live Law  

The Kerala High Court has observed that the Prevention of Money Laundering Act 2002 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. Justice Bechu Kurian Thomas thus set aside the order of provisional attachment of properties purchased by the petitioners …

Funds for future crimes not ‘proceeds of crimes’, says HC
3 months, 2 weeks ago

Funds for future crimes not ‘proceeds of crimes’, says HC

Hindustan Times  

The Delhi high court on Wednesday ruled that funds collected illegally to commit a crime in the future, cannot be an offence under the Prevention of Money Laundering Act, and that to be defined as “proceeds of crime”, these funds would have to be generated by the crime. To be sure, the illegality in the collection of funds could make …

Confusion over listing of Prevention of Money Laundering Act cases in Madras High Court
6 months, 1 week ago

Confusion over listing of Prevention of Money Laundering Act cases in Madras High Court

The Hindu  

Confusion has arisen in the Madras High Court on the issue of listing petitions related to the Prevention of Money Laundering Act of 2002. The decision to recall was taken after the Registry brought it to the judges’ notice that Rule 17 of the Madras High Court Writ Rules, 2021 require all writ petitions related to PMLA to be listed …

Senthilbalaji money laundering case: Trial has commenced, ED tells Madras High Court
7 months ago

Senthilbalaji money laundering case: Trial has commenced, ED tells Madras High Court

The Hindu  

The Directorate of Enforcement on Wednesday, informed the Madras High Court that the trial in the money laundering case against former Minister V. Senthilbalaji has commenced before the Principal District and Sessions Court in Chennai and one of the prosecution witnesses had already been examined. Sundaresan, assisted by ED Special Public Prosecutor N. Ramesh, and adjourned a criminal revision petition …

'ED Action Without Any Basis' : Madras High Court Stops Money Laundering Probe Against Contractors Over Sand Mining
8 months ago

'ED Action Without Any Basis' : Madras High Court Stops Money Laundering Probe Against Contractors Over Sand Mining

Live Law  

The Madras High Court recently restrained the Enforcement Directorate from carrying out its investigation under the Prevention of Money Laundering Act against private contractors in connection with alleged illegal sand mining. The court added that unless a case in the scheduled offence was registered and such an offence generated proceeds of crime, the ED could not have initiated any action. …

Senthilbalaji case | Madras High Court refuses to stay money laundering trial proceedings
1 year ago

Senthilbalaji case | Madras High Court refuses to stay money laundering trial proceedings

The Hindu  

The Madras High Court on Wednesday, March 13, 2024, refused to grant an interim stay, for the present, restraining the Chennai Principal Sessions Court from proceeding with the trial in a money laundering case being investigated by the Directorate of Enforcement against former T.N. Ramesh and Sunder Mohan told Senior Counsel Mukul Rohatgi and S. Prabakaran that the plea for …

Vulnerable to criticism: On the ED and a possible violation of federal principles
1 year ago

Vulnerable to criticism: On the ED and a possible violation of federal principles

The Hindu  

The structure of the law against money laundering is bound to throw up perplexing questions about the possible violation of federal principles. One such question has arisen in Tamil Nadu, where the Enforcement Directorate is trying to find out whether illegal sand mining in the State is due to corruption and if the “proceeds” are being laundered. In ruling that …

Balaji says money-laundering plaint devoid of merits, files fresh petition
1 year, 1 month ago

Balaji says money-laundering plaint devoid of merits, files fresh petition

New Indian Express  

CHENNAI : Former minister V Senthil Balaji filed a fresh petition in the Principal Sessions and Special Court for PMLA cases seeking to discharge him from the money-laundering case stating the complaint against him is devoid of merits. The discharge petition was filed on Friday, a day after the principal sessions court dismissed his petition to defer the trial until …

Money Laundering : A Process Or A Punishment
1 year, 6 months ago

Money Laundering : A Process Or A Punishment

Live Law  

Money laundering is something as engaging “proceeds of crime” in any matter projecting as untainted money. The Supreme Court’s ruling upholding all the contentious provisions of the Prevention of Money Laundering Act tumbles short of judicial standards of reviewing legislative action. The provisions of the PMLA must stand the test of due process under Article 21;Section 50 of the PMLA …

PMLA in Consonance with Global Standards Set by Financial Action Task Force: Solicitor-General Tells Supreme Court
1 year, 10 months ago

PMLA in Consonance with Global Standards Set by Financial Action Task Force: Solicitor-General Tells Supreme Court

Live Law  

Provisions of the Prevention of Money Laundering Act, 2002 are in compliance with the global standard set by the Financial Action Task Force and a part of the intergovernmental response to organised crime, said Solicitor-General for India Tushar Mehta. On another day, senior counsel C Aryama Sundaram argued that he would read the judgement “as it stood” to support his …

'PMLA Most Draconian Statute Ever In The Country': Kapil Sibal Urges Supreme Court To Reconsider 'Vijay Madanlal Choudhary' Judgment
1 year, 11 months ago

'PMLA Most Draconian Statute Ever In The Country': Kapil Sibal Urges Supreme Court To Reconsider 'Vijay Madanlal Choudhary' Judgment

Live Law  

“The Prevention of Money Laundering Act is the most draconian statute that has ever seen the light of day in the country,” senior advocate and Member of Parliament Kapil Sibal told the Supreme Court of India on Monday. These are issues which can affect the polity of the country.” The senior counsel vehemently argued that the Supreme Court’s July 2022 …

No offence under PMLA against me in excise case: Manish Sisodia submits in court
1 year, 11 months ago

No offence under PMLA against me in excise case: Manish Sisodia submits in court

Hindustan Times  

Former Delhi deputy chief minister Manish Sisodia on Wednesday submitted before a Delhi court that no offence under the Prevention of Money Laundering Act is made out in the money laundering case registered by the Enforcement Directorate in relation to the Delhi liquor excise policy 2021-2022. “When your lordship sees the allegations made against me through the lens of Section …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
1 year, 11 months ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

Courts Are Not Expected To Stall Investigation, Cannot Interfere When There Is Prima Facie Material: Madras HC Dismisses Plea Against PMLA Proceedings
2 years, 2 months ago

Courts Are Not Expected To Stall Investigation, Cannot Interfere When There Is Prima Facie Material: Madras HC Dismisses Plea Against PMLA Proceedings

Live Law  

While dismissing a plea by a company challenging the proceedings initiated by Enforcement Directorate under the Prevention of Money Laundering Act, the Madras High Court observed that the two requirements to start an investigation by the ED are commission of a predicate offence and prima facie material to show that such schedule offence has. While dismissing a plea by a …

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court
2 years, 3 months ago

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court

Live Law  

The Calcutta High Court on Monday held that once a regular case of "scheduled offence" is quashed, any subsequent case registered under Prevention of Money Laundering Act will also automatically stand quashed. As regards the parallel criminal proceeding arising out of an FIR instituted under Sections 420/120B IPC read with S. 13 of PMLA, being a "scheduled offence" within the …

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court
2 years, 4 months ago

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court

Live Law  

The Supreme Court reiterated that the prosecution under the Prevention of Money-Laundering Act cannot continue if the accused is discharged from the scheduled offence.The court observed thus while allowing a writ petition filed by one Indrani Patnaik and others. "The record as it stands today, the petitioners stand discharged of the scheduled offence and therefore, in view of the law …

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court
2 years, 7 months ago

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court

Live Law  

The Supreme Court reiterated that an person acquitted of scheduled offence cannot be prosecuted under Prevention of Money-Laundering Act, 2002.In this case, the Lokayukta Police registered a case under Section 13 read with Section 13 of the Prevention of Corruption Act, 1988 against the accused, who was a Deputy Revenue Officer. In appeal, the bench comprising Justices Dinesh Maheshwari and …

PMLA verdict — due process will be bulldozed
2 years, 7 months ago

PMLA verdict — due process will be bulldozed

The Hindu  

Outcomes in matters of constitutional law disputes depend on the values that the constitutional court choose to emphasise over those it chooses to discount. The recent decision of the Supreme Court of India in Vijay Madanlal Choudhary vs Union Of India, where it found all the provisions of the Prevention of Money Laundering Act, 2002 as amended from time to …

Decoding the big SC verdict on Prevention of Money Laundering Act
2 years, 7 months ago

Decoding the big SC verdict on Prevention of Money Laundering Act

India Today  

In an important judgment on Wednesday, the Supreme Court upheld the provisions of the Prevention of Money Laundering Act and retained the powers of the Enforcement Directorate. The Parliament in its wisdom has regarded the property derived or obtained as a result of specified criminal activity, being an offence under the concerned legislation mentioned in the Schedule.” ON TWIN BAIL …

Supreme Court upholds powers of arrest, raids, seizure under PMLA
2 years, 7 months ago

Supreme Court upholds powers of arrest, raids, seizure under PMLA

The Hindu  

The Supreme Court on Wednesday upheld the core amendments made to the Prevention of Money Laundering Act, which gives the government and the Enforcement Directorate virtually unbridled powers of summons, arrest, and raids, and makes bail nearly impossible while shifting the burden of proof of innocence on to the accused rather than the prosecution. The apex court called the PMLA …

"Offence of Money Laundering of Continuing Nature; Crime Has Traversed 20 Years," – Special Court In Nawab Malik's Remand Order
3 years ago

"Offence of Money Laundering of Continuing Nature; Crime Has Traversed 20 Years," – Special Court In Nawab Malik's Remand Order

Live Law  

Observing that as per section 3 of the Prevention of Money Laundering Act, 2002, the offence of money laundering is "continuing in nature and it continues till such time a person enjoying the proceeds of crime by its concealment or possession or acquisition or use of untainted property or use or projecting the same as untainted property" the special judge …

PMLA| May Not Be Possible To Say That "Mere Use" Of Proceeds Of Crime Is Not Money Laundering: Supreme Court Indicates
3 years ago

PMLA| May Not Be Possible To Say That "Mere Use" Of Proceeds Of Crime Is Not Money Laundering: Supreme Court Indicates

Live Law  

The Supreme Court on Tuesday indicated that it may not be possible to say that "mere use" of proceeds of crime is not money laundering. It was Mr. Aggarwal's case that the offence of 'money-laundering' clearly envisages a starting point i.e., generation of 'proceeds of crime', and an end point i.e., integration of 'proceeds of crime' into the financial system …

Very concept of offence of money laundering in PMLA is very wide: SC
3 years ago

Very concept of offence of money laundering in PMLA is very wide: SC

The Hindu  

The Supreme Court on February 22 said the very concept of the offence of money-laundering in the Prevention of Money Laundering Act is “very wide” and any activity connected with the proceeds of crime is encompassed within the expression of Section 3 of the legislation. Section 3 of the PMLA says whosoever directly or indirectly attempts to indulge or knowingly …

PMLA Interpretation: Senior Lawyers Question Constitutionality Of Bail, Arrest & Attachment Procedure
3 years, 1 month ago

PMLA Interpretation: Senior Lawyers Question Constitutionality Of Bail, Arrest & Attachment Procedure

Live Law  

The Supreme Court on Wednesday continued hearing the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002.The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submission Of CounselsSubstance Of PMLA Is That It's Impossible For Accused & Judge Per Se To Give Bail Which Amounts To. Explanation Under …

PMLA Reverses Burden Of Proof Without Safeguards; Gives Unchecked Powers To ED To Take Over Properties : Singhvi To Supreme Court
3 years, 1 month ago

PMLA Reverses Burden Of Proof Without Safeguards; Gives Unchecked Powers To ED To Take Over Properties : Singhvi To Supreme Court

Live Law  

The Supreme Court on Tuesday continued hearing the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002.The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submissions Of Senior Advocate AM SinghviSection 24 Gives Presumption Regarding The Offense Without Giving Any Safeguard With. Submissions Of Senior Advocate AM Singhvi …

Transitioning Of The Law On Money Laundering In India
3 years, 1 month ago

Transitioning Of The Law On Money Laundering In India

Live Law  

Prior to the year 2005, the casting of money laundering had been difficult. Scheduled Offences The Prevention of Money Laundering Act, 2002, the scheduled offences had provisions from six different legislations, including the Indian Penal Code 1860, NDPS Act, 1985; Arms Act, 1959, Wildlife Protection Act, 1972, Immoral Traffic Act, 1956 and Prevention of Corruption Act, 1988. Nikesh Tarachand Shah …

Supreme Court Adjourns Pleas Challenging Provisions Of PMLA For January 25
3 years, 2 months ago

Supreme Court Adjourns Pleas Challenging Provisions Of PMLA For January 25

Live Law  

The Supreme Court today adjourned the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act for January 25, 2022.Since the batch of pleas were listed for January 11, 2022 Senior Advocate Kapil Sibal today mentioned the matter before the bench headed by Justice AM Khanwilkar for adjourning the matter for 4-6 weeks. The Supreme Court …

SC to examine if ED can attach ancestral assets as 'proceeds of crime' in money laundering cases
3 years, 5 months ago

SC to examine if ED can attach ancestral assets as 'proceeds of crime' in money laundering cases

The Hindu  

The Supreme Court has agreed to examine the legal issue of whether the Enforcement Directorate can attach ancestral properties of the accused under the Prevention of Money Laundering Act as "proceeds of crime". For constituting an offence of money-laundering, the offender must directly or indirectly attempt to indulge or knowingly assist or knowingly is a party or is actually involved …

PMLA- No Stay In Trial Or Investigation Where No Coercive Simpliciter Has Been Ordered: Supreme Court
3 years, 7 months ago

PMLA- No Stay In Trial Or Investigation Where No Coercive Simpliciter Has Been Ordered: Supreme Court

Live Law  

While hearing a batch of pleas where an interim order staying arrest was granted in Prevention of Money Laundering Act cases, the Supreme Court today observed that there would be no stay in trial or investigation in cases where order of no coercive simpliciter has been passed. Listing down the sequence in which the Top Court would start considering the …

[PMLA IMBROGLIO] Can An Accused Face Trial For Money Laundering If The Scheduled Offence Is Struck Down?
3 years, 10 months ago

[PMLA IMBROGLIO] Can An Accused Face Trial For Money Laundering If The Scheduled Offence Is Struck Down?

Live Law  

Recently, the Madras High Court asked the Enforcement Directorate to continue with their investigation into alleged money laundering even after the petitioner submitted that the Central Bureau of Investigation had quashed the original case, based on which ED had initiated their investigation. One then wonders how PMLA can become independent; meaning, why should an accused face trial for money laundering …

Powers Of Attachment Of The Directorate Of Enforcement Under The Prevention Of Money Laundering Act, 2002
3 years, 11 months ago

Powers Of Attachment Of The Directorate Of Enforcement Under The Prevention Of Money Laundering Act, 2002

Live Law  

The commission of offences dealing with the crime of money laundering, in India, has increased considerably in the last decade or so with huge scandals being uncovered on a regular basis. Thereafter, vide the amendment carried out in 2015 the definition of "proceeds of crime" read as follows: "any property derived or obtained, directly or indirectly, by any person as …

Powers Of Attachment Of The Directorate Of Enforcement Under The Prevention Of Money Laundering Act, 2002
3 years, 11 months ago

Powers Of Attachment Of The Directorate Of Enforcement Under The Prevention Of Money Laundering Act, 2002

Live Law  

The commission of offences dealing with the crime of money laundering, in India, has increased considerably in the last decade or so with huge scandals being uncovered on a regular basis. Thereafter, vide the amendment carried out in 2015 the definition of "proceeds of crime" read as follows: "any property derived or obtained, directly or indirectly, by any person as …

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court
4 years ago

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court

Live Law  

The Bombay High Court recently held that the Enforcement Directorate could continue investigation into cases of money-laundering even after investigation into the base/scheduled offences were closed. Even if the Predicate/Scheduled Offence is compromised, compounded, quashed or the accused therein is/are acquitted, the investigation of ED under PMLA does not get affected, wiped away or ceased to continue." In Court, their …

Prevention Of Money Laundering Act, 2002: An Inherently Flawed Legislation?
4 years, 11 months ago

Prevention Of Money Laundering Act, 2002: An Inherently Flawed Legislation?

Live Law  

Money laundering is a process of projection of tainted money as an untainted one. Director of enforcement, Delhi high court held that after the acquittal of a person from a scheduled offence, his trial for an offence under section 3 of PMLA would not survive while observing that it was hard to imagine as to how a trial for an …

The Concept Of 'Continuing Offence' Under Prevention Of Money Laundering Act
5 years, 6 months ago

The Concept Of 'Continuing Offence' Under Prevention Of Money Laundering Act

Live Law  

The provisions of Prevention of Money laundering act again caught attention when AM Singhavi argued that the act is being retrospectively applied in case of Mr. P. Chidambaram. The amendment added following provision to the act the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly …

Mumbai special court rejects Vijay Mallya's petition seeking stay on declaring him fugitive economic offender
6 years, 3 months ago

Mumbai special court rejects Vijay Mallya's petition seeking stay on declaring him fugitive economic offender

Firstpost  

The decision from the judicature came after five parties, including a family member of Vijay Mallya, sought court dossiers with regard to the ED seeking to get Mallya declared a fugitive economic offender under the new law. New Delhi: In a fresh turn of events, Mumbai Special Prevention of Money Laundering Act court on Thursday rejected Vijay Mallya’s plea seeking …

First conviction in PMLA case
8 years, 1 month ago

First conviction in PMLA case

Deccan Chronicle  

Ranchi: In the first money laundering conviction in the country, former Jharkhand minister Hari Narayan Rai has been sentenced to seven years rigorous imprisonment and fined Rs 5 lakh by a special court here. Tiwari, has come after the Prevention of Money Laundering Act was enforced 12 years ago and it saw Rai, former state Chief Minister Madhu Koda’s cabinet …

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