PMLA,2002; Section 3– The existence of a scheduled offence is sine qua non for alleging the existence of proceeds of crime. A property derived or obtained, directly or indirectly, by a person as a result of the criminal activity relating to a scheduled offence constitutes proceeds of crime. The existence of proceeds of crime at …
Prevention of Money Laundering Act,2002 -Code Of Criminal Procedure,1973; Chapter XII– The provisions of Chapter XII of the Code (under which Section 160 falls) do not apply in all respects to deal with information derived relating to the commission of money laundering offence much less investigation thereof – The dispensation regarding Prevention of Money Laundering, …
Abhishek Banerjee vs Directorate Of Enforcement 2024 INSC 668 – PMLA – CrPC Read More »
PMLA,2002- Section 45- the rigours under Section 45 can be relaxed if the custody is for a considerable period of time and there is no likelihood of conclusion of trial within a short span- The right of an accused for expeditious trial and that the fundamental rights guaranteed under Article 21 cannot be subjugated to …
Vijay Nair vs Directorate Of Enforcement – PMLA – Bail Read More »
PMLA 2002; Section 50– When a person is in judicial custody/custody in another case investigated by the same Investigating Agency, whether the statements recordeed for a new case in which his arrest is not yet shown, and which are claimed to contain incriminating material against the maker, would be admissible under Section 50? When an …
Prem Prakash vs Union Of India 2024 INSC 637- Ss 45, 50 PMLA – Bail Read More »
PMLA 2002; Section 45(1)- In a given case the accused even if a woman may not be automatically entitled to benefit of the said proviso and it would all depend upon the facts and circumstances of each case- When a statute specifically provides a special treatment for a certain category of accused, while denying such …
Kalvakuntla Kavitha vs Directorate Of Enforcement 2024 INSC 632 – S 45 PMLA – Read More »
PMLA ; Section 19– The following questions of law referred for consideration by a larger Bench: (a) Whether the “need and necessity to arrest” is a separate ground to challenge the order of arrest passed in terms of Section 19(1) of the PML Act? (b) Whether the “need and necessity to arrest” refers to the …
PMLA,2002; Section 45 – Code Of Criminal Procedure, 1973; Section 439– Right to bail in cases of delay coupled with incarceration for a long period should be read into Section 439 Cr.P.C. and Section 45 of the PMLA. (Para 44). Bail -The prolonged incarceration before being pronounced guilty of an offence should not be permitted …
Manish Sisodia vs Directorate Of Enforcement 2024 INSC 595 – Bail – PMLA Read More »
Code Of Criminal Procedure, 1973; Section 436A – Prevention of Money Laundering Act,2002- Section 436A will apply even to a case under the PMLA. But the Court can still deny the relief owing to the ground such as where the trial was delayed at the instance of the accused- Referred to Vijay Madanlal Choudhary Vs. …
Ajay Ajit Peter Kerkar vs Directorate Of Enforcement – S 436A CrPC – PMLA Read More »
Prevention of Money Laundering Act, 2002; Section 19– After cognizance is taken of the offence punishable under Section 4 of the PMLA based on a complaint under Section 44 (1)(b), the ED and its officers are powerless to exercise power under Section 19 to arrest a person shown as an accused in the complaint; and …
Prevention Of Money Laundering Act, 2002; Section 2,3– In the absence of the scheduled offence, there cannot be any proceeds of crime within the meaning of clause (u) of subSection (1) of Section 2 of the PMLA. If there are no proceeds of crime, the offence under Section 3 of the PMLA is not made …
Yash Tuteja vs Union Of India 2024 INSC 301 – PMLA – Ss 200-204 CrPC Read More »