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Chennai: The Madras High Court has ordered the Enforcement Directorate not to take any further action on a sand mining case in Tamil Nadu stating that mining is not a scheduled offence under the Prevention of Money Launderig Act. The ED had filed its Enforcement Case Information Report last September against contractors and other suppliers of machineries, including excavators allegedly …

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. …

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

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 …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

The Supreme Court on Friday granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned …

The Enforcement Directorate on Tuesday registered a new case to probe “afresh” alleged corruption in Chhattisgarh’s liquor industry, people aware of developments said — a day after the Supreme Court quashed money laundering proceedings in the case, holding that no scheduled offence was established for the agency to proceed under the Prevention of Money Laundering Act. The Chhattisgarh police FIR …

FIR In Predicate Offence Stands Quashed Based On Settlement, ED Complaint Cannot Survive: Delhi High Court

The Delhi High Court has quashed an ECIR and proceedings arising therefrom, observing that the predicate offence had already been quashed and the order to that effect had attained finality. He drew attention of the Court to Directorate of Enforcement v. Gagan Deep Singh, a case where the issue as to whether PMLA proceedings would survive upon acquittal/discharge of accused …

Offence

Predicate Offence

The Delhi High Court has quashed the ECIR and attachment orders passed by the Enforcement Directorate against EMTA Coal Limited and other individuals, observing that if there is an acquittal or discharge or a closure report has been filed in the predicate offence, the ECIR would not stand and the same would be liable to be quashed. The attachments orders …

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 …

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 …