Offences Under IPC Or Arms Act Discovered By ED While Searching Under FEMA Can Be Treated As Predicate Offences Under PMLA: Punjab & Haryana HC
6 months ago

Offences Under IPC Or Arms Act Discovered By ED While Searching Under FEMA Can Be Treated As Predicate Offences Under PMLA: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has dismissed the plea seeking quashing of the Enforcement Case Information Report lodged under PMLA on the basis of a search conducted under the Foreign Exchange Management Act, 1999. The predicate offence was the FIR lodged pertaining to visa fraud under Sections 472 lodged under PMLA on the basis of a search conducted under the Foreign Exchange Management Act, 1999. While dismissing the plea, the Court rejected the contention that FIR registered under the IPC and Arms Act after conducting a search by ED under FEMA cannot be treated as a predicate offence under PMLA. Pritpal Singh moved the High Court seeking quashing of ECIR based on predicate offence wherein two FIRs were lodged, FIR under Sections 472, 473 384, 420, 120-B of IPC and FIR under Section 30 of Arms Act in 2017.

Court Enforcement Ipc Fema Punjab Fir Act Pmla Offence Petitioner Sections Ecir Two Firs Predicate Offence Section 37 Predicate Counterfeit Seal Section 46  haryana  fema  offences  fir  sections  punjab  ipc  court  offence  hc  enforcement  petitioner  treated  pmla  searching  predicate  act

History of this topic

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA
1 year, 8 months ago

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA

India Today  

The Supreme Court on Tuesday issued notice to the Centre and the Enforcement Directorate on a petition that has challenged the constitutionality of Section 50 and Section 63 of the Prevention of Money Laundering Act, 2022. READ | Explained: Supreme Court's big verdict on Prevention of Money Laundering Act During a brief hearing, senior advocate Kapil Sibal appeared for Singh …

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

Applying Section 41A CrPC Will Defeat PMLA's Objective : Solicitor General Tells Supreme Court
2 years, 9 months ago

Applying Section 41A CrPC Will Defeat PMLA's Objective : Solicitor General Tells Supreme Court

Live Law  

The Solicitor General of India Tushar Mehta continued his arguments in the Supreme Court on Thursday defending the provisions of the Prevention of Money Laundering Act. P. C., the Court takes cognisance on a police report filing under section 173 while in case of investigation by "authorities" under PMLA, the Court takes cognisance upon a complaint made by an authority; …

Enforcement Directorate May Probe PMLA Cases Throughout India, Including J&K: Karnataka High Court
2 years, 11 months ago

Enforcement Directorate May Probe PMLA Cases Throughout India, Including J&K: Karnataka High Court

Live Law  

The Karnataka High Court has said that the Enforcement Directorate can probe a case under the provisions of Prevention of Money Laundering Act, throughout India, including the Union Territory of Jammu and Kashmir. Case Background: Petitioners Anish Mohammed Rawther and others had approached the High Court challenging the proceedings initiated against them by the Enforcement Directorate under the provisions of …

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court
3 years, 9 months 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 …

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