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

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 declared by this Court, there could arise no question of they being prosecuted for illegal gain of property as a result of the criminal activity relating to the alleged scheduled offence. The bench relied on the following observations made in the recent judgment in Vijay Madanlal Choudhary vs Union of India 2022 LiveLaw 633: "The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. Case details Indrani Patnaik vs Enforcement Directorate | 2022 LiveLaw 920 | WP 368 OF 2021 | 3 November 2022 | Justices Dinesh Maheshwari and Sudhanshu Dhulia Headnotes Prevention of Money-Laundering Act, 2002 ; Section 3 - When the accused stand discharged of the scheduled offence, there could arise no question of they being prosecuted for illegal gain of property as a result of the criminal activity relating to the alleged scheduled offence.