Prevention of Money Laundering Act, 2002; Section 3– The offence as defined captures every process and activity in dealing with the proceeds of crime, directly or indirectly, and is not limited to the happening of the final act of integration of tainted property in the formal economy to constitute an act of money laundering. Of …
Satyendar Kumar Jain vs Directorate Of Enforcement 2024 INSC 217- PMLA – Bail Read More »
Prevention of Money Laundering Act, 2002 –An offence punishable under Section 120-B IPC will become a scheduled offence only if the conspiracy alleged is of committing an offence which is specifically included in the Schedule and that it is not the legislative intent behind PMLA to make every offence not included in the Schedule a …
Anjaneya Hanumanthaiah vs Union of India WP(Crl) 281 Of 2019 PMLA – S 120B IPC Read More »
Section 19 of the Prevention of Money Laundering Act, 2002, which guides the procedure of arresting an accused in money laundering cases, reads as follows: Power to arrest.– (1) If the Director, Deputy Director, Assistant Director or any other officer authorised in this behalf by the Central Government by general or special order, has on …
Prevention of Money Laundering Act, 2002; Section 19 – Contention that judgment in Pankaj Bansal vs Union of India 2023 INSC 866 has retrospective effect rejected -The very use of the word “henceforth” implied that the said requirement of furnishing grounds of arrest in writing to the arrested person as soon as after his arrest …
Ram Kishor Arora vs Directorate Of Enforcement 2023 INSC 1082 – PMLA Arrests Read More »
Prevention of Money Laundering Act, 2002 ; Section 45 First Proviso -The use of the expression “may be” in the first proviso to Section 45 clearly indicates that the benefit of the said proviso to the category of persons mentioned therein may be extended at the discretion of the Court considering the facts and circumstances …
Saumya Chaurasia vs Directorate of Enforcement 2023 INSC 1073 – S 45 PMLA – Bail Read More »
In Vijay Madanlal Choudhary and others vs. Union of India [2022] 6 S.C.R. 382, the Supreme Court (three judges bench) held that non-supply of the Enforcement Case Information Report (ECIR) in a given case cannot be found fault with, as the ECIR may contain details of the material in the ED’s possession and revealing the …
Pankaj Bansal vs Vijay Madanlal : Conflict Of Judgments On Arrests By ED? Read More »