Supreme Court upholds powers of arrest, raids, seizure under PMLA
2 years, 4 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 a law against the “scourge of money laundering” and not a hatchet wielded against rival politicians and dissenters. “This is a sui generis legislation… The Parliament enacted the Act as a result of international commitment to sternly deal with the menace of money laundering of proceeds of crime having transnational consequences and on the financial systems of the countries,” a Special Bench of Justices A.M. Khanwilkar, Dinesh Maheshwari and C.T. “The offence of money laundering is no less a heinous offence than the offence of terrorism,” Justice Khanwilkar said. “Authorities under the 2002 Act cannot resort to action against any person for money-laundering on an assumption that the property recovered by them must be proceeds of crime and that a scheduled offence has been committed, unless the same is registered with the jurisdictional police or pending inquiry by way of complaint before the competent forum,” Justice Khanwilkar emphasised.

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History of this topic

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court
4 days, 21 hours ago

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

Live Law  

The Supreme Court yesterday set aside an order of the Gauhati High Court which quashed summons under the Prevention of Money Laundering Act, 2002, to investigate proceeds of crime involved money laundering on grounds that the Respondent was discharged in scheduled offence. A bench of Justices MM Sundresh and Aravind Kumar was hearing a challenge to the judgment of the …

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

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers
1 week, 3 days ago

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers

Live Law  

The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate and its stringent bail provisions. Judges Of PMLA Courts Not Supposed To Act Like "Extended Arm Of ED" The High Court pointed out the practice of passing custodial interrogation orders in a …

Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case
1 month ago

Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case

Live Law  

The Delhi High Court on Wednesday remarked that an accused in a money laundering case cannot be equated with those punishable with death, life imprisonment, ten years or more like offences such as murder, rape or dacoity.Justice Manoj Kumar Ohri said that it is pertinent to keep in mind while dealing with the cases under the PMLA that except in …

Prior sanction a must in PMLA cases against officials, says SC
1 month, 2 weeks ago

Prior sanction a must in PMLA cases against officials, says SC

Hindustan Times  

The Supreme Court on Wednesday ruled that prior sanction is mandatory to prosecute public servants in money laundering cases, establishing a key procedural safeguard under the stringent Prevention of Money Laundering Act and adding a layer of accountability to PMLA prosecutions involving public servants. The decision, rendered by a bench of justices Abhay S Oka and AG Masih, reinforced the …

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
2 months, 4 weeks ago

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court

Live Law  

The Supreme Court while granting bail to former Tamil Nadu Minister Senthil Balaji, held that higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. I t is a well settled principle of our criminal jurisprudence that “bail is the rule, and jail …

India should increase capacity of court system to reduce number of pending trials in money laundering cases: FATF report
3 months ago

India should increase capacity of court system to reduce number of pending trials in money laundering cases: FATF report

The Hindu  

India should aim to reduce the number of pending trials in money laundering cases by making major changes to increase the capacity of the court system, and potentially the capability of the Enforcement Directorate, as per the Financial Action Task Force mutual assessment report of India. Saturation of system The report said the limited number of specialised prosecutors in ED …

The Right To Bail Under Prevention Of Money Laundering Act: Balancing Justice And Liberty?
3 months, 1 week ago

The Right To Bail Under Prevention Of Money Laundering Act: Balancing Justice And Liberty?

Live Law  

In recent times, India's criminal law jurisprudence has witnessed an increasing emphasis on enacting stringent laws with an aim to curb economic offences, particularly the menace of money laundering. The Supreme Court held that while the nature of the offence under PMLA is indeed serious, the right to a speedy trial and the right to liberty cannot be ignored. The …

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases
3 months, 3 weeks ago

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases

News 18  

The general principle of law is that the ‘bail is rule and jail is exception’, the Supreme Court observed on Wednesday, adding, that the rule applies even to money laundering cases under the Prevention of Money Laundering Act. The court’s remark came while a bench of Justices BR Gavai and KV Viswanathan was hearing a case involving one Prem Prakash, …

Bail always the norm, even in money laundering cases: SC
3 months, 3 weeks ago

Bail always the norm, even in money laundering cases: SC

The Hindu  

The Supreme Court on Wednesday held that bail is the rule and jail is an exception even in money laundering cases. The judgment, authored by Justice Viswanathan, granted relief to Jharkhand Chief Minister Hemant Soren’s aide, Prem Prakash, in an illegal mining-related case registered by the Enforcement Directorate. The court held that Section 45 of the Prevention of Money Laundering …

Supreme Court posts PMLA judgment review to August 28, asks if it is an ‘appeal in disguise’
4 months, 2 weeks ago

Supreme Court posts PMLA judgment review to August 28, asks if it is an ‘appeal in disguise’

The Hindu  

A Supreme Court Bench headed by Justice Surya Kant scheduled for August 28 a series of petitions seeking a review of a July 2022 judgment of the apex court, which gave unbridled powers to the Enforcement Directorate to arrest and summon individuals and raid private property under the Prevention of Money Laundering Act. Justice Ravikumar asked whether, even if a …

Supreme Court rules ED cannot arrest accused after special court takes cognisance of complaint | DETAILS
7 months, 1 week ago

Supreme Court rules ED cannot arrest accused after special court takes cognisance of complaint | DETAILS

India TV News  

The Supreme Court on Thursday ruled that the Enforcement Directorate cannot make an arrest once a special court takes cognisance of a complaint the federal agency filed under the Prevention of Money Laundering Act. Furthermore, it ruled that those accused who voluntarily appear before a special court following summons from the ED aren't required to meet the rigorous criteria for …

National Herald case: PMLA body upholds attachment of ₹751 cr
8 months, 2 weeks ago

National Herald case: PMLA body upholds attachment of ₹751 cr

Hindustan Times  

An adjudicating authority under the Prevention of Money Laundering Act on Wednesday upheld the attachment of assets worth around ₹752 crore of Congress-run National Herald newspaper and associated firms by the Enforcement Directorate, terming it as “proceeds of crime” involved in money laundering. Under PMLA, an adjudicating authority determines within 180 days whether the properties attached by ED are involved …

PMLA case: ED must tell accused grounds of arrest, reaffirms top court
9 months ago

PMLA case: ED must tell accused grounds of arrest, reaffirms top court

Hindustan Times  

The Supreme Court has dismissed the Union government’s plea to reconsider its judgment that made it mandatory for the Enforcement Directorate to provide a copy of the grounds of arrest to accused in money laundering cases while adding that a mere verbal information would be construed as a breach of constitutional right of arrested persons. The Centre filed the review …

Vulnerable to criticism: On the ED and a possible violation of federal principles
9 months, 3 weeks 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 …

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002
10 months, 4 weeks ago

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Live Law  

Prevention of Money Laundering Act – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification …

Money Laundering : A Process Or A Punishment
1 year, 3 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 case: SC seeks ED's reply on TN minister Senthil Balaji's plea against HC order
1 year, 5 months ago

PMLA case: SC seeks ED's reply on TN minister Senthil Balaji's plea against HC order

Deccan Chronicle  

New Delhi: The Supreme Court on Friday sought response from the Enforcement Directorate on the pleas of Tamil Nadu Minister V Senthil Balaji and his wife Megala challenging the July 14 order of the Madras High Court upholding his arrest by the probe agency in a money laundering case. Besides upholding the arrest of the minister, the high court had …

Authorities who misconstrue authority
1 year, 5 months ago

Authorities who misconstrue authority

The Hindu  

The Prevention of Money Laundering Act, 2002 vested a cadre of officers under the Directorate of Enforcement with powers to prevent money laundering, attach proceeds of crime, and confiscate assets. Section 50 of the PMLA provides powers of a civil court to the ED authorities for summoning persons suspected of money laundering and recording statements. It observed in Vijay Madanlal …

PMLA in Consonance with Global Standards Set by Financial Action Task Force: Solicitor-General Tells Supreme Court
1 year, 7 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, 8 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, 8 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 …

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 …

Supreme Court Dismisses Ex-AAP Councillor Tahir Hussain's Plea Challenging Money Laundering Charges
1 year, 10 months ago

Supreme Court Dismisses Ex-AAP Councillor Tahir Hussain's Plea Challenging Money Laundering Charges

Live Law  

On Monday, the Supreme Court refused to interfere in an SLP moved by ex-MCD councillor and AAP leader Tahir Hussain seeking relief in a money laundering case. Hussain was challenging a Delhi High Court order which had dismissed his plea challenging the charges framed against him in a money laundering case registered in connection with the North East Delhi riots …

ED can only probe money laundering cases, says Delhi HC
1 year, 10 months ago

ED can only probe money laundering cases, says Delhi HC

India TV News  

The Delhi High Court has ruled that the Enforcement Directorate does not hold the power to probe any other offence except money laundering cases and cannot by itself assume that a predicate offence has been committed. A single-judge bench of Justice Yashwant Varma observed that Prevention of Money Laundering Act empowers the ED to investigate Section 3 offences only. Justice …

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court
2 years, 1 month 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 …

Supreme Court adjourns for 3 weeks hearing on plea challenging verdict on PMLA provisions
2 years, 1 month ago

Supreme Court adjourns for 3 weeks hearing on plea challenging verdict on PMLA provisions

India TV News  

Highlights SC adjourned for three weeks hearing on review petition challenging a judgement It's related to upholding constitutional validity of various provisions of PMLA Bench headed by CJI adjourned matter after Solicitor General Tushar Mehta sought an adjournment Supreme Court news: The Supreme Court on Tuesday adjourned for three weeks hearing on review petition challenging judgment relating to upholding the …

Money laundering case against me opinionated: Anil Deshmukh tells Bombay High Court
2 years, 2 months ago

Money laundering case against me opinionated: Anil Deshmukh tells Bombay High Court

India Today  

A day after Supreme Court directions, the Bombay High Court again started hearing the bail application filed by former Maharashtra Home Minister and Nationalist Congress Party leader Anil Deshmukh in a money laundering case. Advocates Vikram Chaudhari, Aniket Nikam and Inderpal Singh appearing for Deshmukh argued that the Enforcement Directorate arrested Deshmukh based on evidence which he claimed was not …

SC Agrees to Relook Its July 27 Verdict Upholding ED's Power to Arrest Under Stringent PMLA
2 years, 3 months ago

SC Agrees to Relook Its July 27 Verdict Upholding ED's Power to Arrest Under Stringent PMLA

News 18  

The Supreme Court on Wednesday agreed to take a relook at its July 27 PMLA judgment upholding Enforcement Directorate’s power to arrest under the stringent law. The Supreme Court was hearing a review petition on its verdict on the money laundering Act — Prevention of Money Laundering Act — days after it upheld ED power to arrest under the stringent …

PMLA verdict — due process will be bulldozed
2 years, 4 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 …

Explained | What has the Supreme Court said on PMLA’s validity?
2 years, 4 months ago

Explained | What has the Supreme Court said on PMLA’s validity?

The Hindu  

The story so far: The Supreme Court has upheld several provisions of the Prevention of Money Laundering Act that deal with a wide range of issues, from what constitutes the main offence to the powers of the Enforcement Directorate and the procedure for conducting searches and seizures and effecting arrests. The UN Convention against Transnational Organized Crime of 2000 also …

Narrow view: The Hindu Editorial on the Supreme Court verdict on the Prevention of Money Laundering Act
2 years, 4 months ago

Narrow view: The Hindu Editorial on the Supreme Court verdict on the Prevention of Money Laundering Act

The Hindu  

Narrow view The Supreme Court’s verdict upholding all the controversial provisions of the Prevention of Money Laundering Act falls short of judicial standards of reviewing legislative action. Undergirding every aspect of its analysis is a belief that India’s commitment to the international community on strengthening the domestic legal framework for combating money-laundering is so inviolable that possible violation of fundamental …

Deep dive into top court’s verdict on PMLA ambit, ED powers
2 years, 4 months ago

Deep dive into top court’s verdict on PMLA ambit, ED powers

Hindustan Times  

The Supreme Court, by its judgment on Wednesday, approbated the wide powers of the Enforcement Directorate sanctioned under the 2002 Prevention of Money Laundering Act. Ratifying the agency’s powers to summon individuals, make arrests, conduct raids, and attach properties, the top court justified its special powers to tackle the “heinous” offence of money laundering. In Ishwar Singh Bindra & Ors …

SC upholds ED power to arrest under PMLA; orders enhanced pay scale for judicial officers
2 years, 4 months ago

SC upholds ED power to arrest under PMLA; orders enhanced pay scale for judicial officers

Firstpost  

The SC on Wednesday upheld the ED powers relating to arrest, attachment of property involved in money laundering, search and seizure under PMLA that were challenged by multiple petitioners including Karti Chidambaram. New Delhi: The Supreme Court Wednesday upheld the Enforcement Directorate’s powers relating to arrest, attachment of property involved in money laundering, search and seizure under the Prevention of …

SC upholds ED\'s powers under stringent PMLA
2 years, 4 months ago

SC upholds ED\'s powers under stringent PMLA

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday upheld the validity of various stringent provisions of the Prevention of Money Laundering Act empowering the Enforcement Directorate to arrest, provisionally attach properties suspected to be the proceeds of crime and is not bound to supply a copy of the ECIR at the time of detaining an accused in a money laundering case. …

Decoding the big SC verdict on Prevention of Money Laundering Act
2 years, 4 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 …

Centre’s misuse of ED will increase after SC decision on PMLA, says Ashok Gehlot
2 years, 4 months ago

Centre’s misuse of ED will increase after SC decision on PMLA, says Ashok Gehlot

Hindustan Times  

Rajasthan chief minister Ashok Gehlot on Wednesday termed the Supreme Court’s decision to uphold the power of the Enforcement Directorate to make arrests in money laundering cases as disappointing and worrying and said that the possibility of ED’s political misuse by the Centre will increase after the SC judgement. Rajasthan chief minister Ashok Gehlot said that the pronouncement of the …

Supreme Court upholds power of ED to arrest under PMLA
2 years, 4 months ago

Supreme Court upholds power of ED to arrest under PMLA

Hindustan Times  

The union government on Wednesday received a shot in the arm with the Supreme Court affirming the constitutional validity of the stringent provisions of the Prevention of Money Laundering Act. The bench, which will also comprise justices Dinesh Maheshwari and CT Ravi Kumar, held that the power given to ED for making arrests, conducting search and seizures and attach proceeds …

Money laundering: SC upholds ED’s power to arrest under PMLA
2 years, 4 months ago

Money laundering: SC upholds ED’s power to arrest under PMLA

Live Mint  

The Supreme Court has upheld the power bestowed upon the Enforcement Directorate to arrest under the Prevention of Money Laundering Act. The Supreme Court announced on July 15 that its decision regarding the arguments against the Prevention of Money Laundering Act's provisions is "nearly ready." Mufti contested Section 50's constitutionality as well as any ancillary sections of the 2002 Prevention …

Supreme Court upholds stringent provisions of Money Laundering Act
2 years, 4 months ago

Supreme Court upholds stringent provisions of Money Laundering Act

Hindustan Times  

The Supreme Court on Wednesday upheld stringent provisions of the Prevention of Money Laundering Act in relation to expansive definition of proceeds of crime, search and seizure, power of arrest, attachment of properties and tough bail conditions. Prevention of Money Laundering Act: The Supreme Court delivered its verdict on a batch of petitions concerning the interpretation of certain provisions of …

Supreme Court to deliver verdict on pleas against Money Laundering Act today
2 years, 4 months ago

Supreme Court to deliver verdict on pleas against Money Laundering Act today

Hindustan Times  

The Supreme Court on Wednesday will deliver its judgment on a clutch of petitions challenging the validity of a slew of stringent provisions added to the Prevention of Money Laundering Act. A bench, headed by justice AM Khanwilkar, will pronounce its verdict on a spectrum of issues pertaining to the rigorous provisions enunciated under PMLA and the wide powers accorded …

Supreme Court decision on ambit of money laundering law, power of probe agencies today
2 years, 4 months ago

Supreme Court decision on ambit of money laundering law, power of probe agencies today

India Today  

The Supreme Court will deliver the judgment on petitions challenging the constitutionality of several provisions of the Prevention of Money Laundering Act tomorrow. The judgement assumes significance as it will address several issues concerning investigative powers, witness summoning, arrests and seizures made by the Enforcement Directorate, and the bail process under the PMLA law. The ruling will have a huge …

Judgement on cases challenging PMLA act almost ready, says SC
2 years, 5 months ago

Judgement on cases challenging PMLA act almost ready, says SC

India Today  

Justice AM Khanwilkar of the Supreme Court on Friday indicated that the judgement in the cases challenging the validity of various sections of the Prevention of Money Laundering Act would likely be pronounced in the next few days. This is significant because the PMLA judgement will address several issues concerning investigative powers, witness summoning, ED arrest and seizure, and the …

PMLA Is A Penal Statute And Enforcement Directorate Officials Are Police Officers: Kapil Sibal Submits Before Supreme Court
2 years, 9 months ago

PMLA Is A Penal Statute And Enforcement Directorate Officials Are Police Officers: Kapil Sibal Submits Before Supreme Court

Live Law  

The Supreme Court on Tuesday resumed hearing on a string of petitions challenging the constitutional validity of several provisions of the PMLA Act. Mr. Sibal countered the ED's argument that by virtue of Section 3 of the PMLA, mere acquisition, possession and use of proceeds of crime alone is sufficient to constitute money laundering and the projection of tainted property …

Alerting accused defeats PMLA’s purpose: Government
2 years, 9 months ago

Alerting accused defeats PMLA’s purpose: Government

The Hindu  

Alerting an accused by sharing with him information about arrest, FIR and allegations in a money laundering case would defeat the very purpose of the law, the government argued in the Supreme Court on Wednesday. Arguing before a three-judge Bench led by Justice A.M. Khanwilkar, Solicitor-General Tushar Mehta, for the government, said "the very purpose of the Prevention of Money …

"Offence of Money Laundering of Continuing Nature; Crime Has Traversed 20 Years," – Special Court In Nawab Malik's Remand Order
2 years, 9 months 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 …

SC - PMLA
2 years, 10 months ago

SC - PMLA

The Hindu  

The government on Wednesday informed the Supreme Court that ₹18,000 crore was confiscated under the Prevention of Money Laundering Act from fugitive businessmen Vijay Mallya, Nirav Modi and Mehul Choksi, and returned to banks. Appearing before a Bench led by Justice A.M. Khanwilkar, Solicitor General Tushar Mehta submitted that money laundering is a "global problem". "Very small number of cases …

Only 313 Arrests Under PMLA In 20 Years; Strict Safeguards Are There : Solicitor General Tells Supreme Court
2 years, 10 months ago

Only 313 Arrests Under PMLA In 20 Years; Strict Safeguards Are There : Solicitor General Tells Supreme Court

Live Law  

"There may be some leeway to the legislature if there is no violation of any fundamental rights", he prayed. That gave several guidelines as to how the definition is to be framed, what should be the regime etc" "Ultimately, that led to one body which is also mentioned in the preamble to the Act- the Financial Action Task Force- it …

PMLA| May Not Be Possible To Say That "Mere Use" Of Proceeds Of Crime Is Not Money Laundering: Supreme Court Indicates
2 years, 10 months 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 …

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