2017 (8) TMI 572 - SUPREME COURT OF INDIA
Sharad T. Kabra Versus Union of India
Offense under PMLA - bail application - Held that - Having regard to the period of custody suffered and the fact that the trial has not commenced we are of the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned Special Judicial Magistrate, CBI & Economic Offences, Indore (M.P.). - At the same time, to take care of the a....... + More
2017 (8) TMI 135 - MADRAS HIGH COURT
Shri Ajay Kumar Gupta, Smt. Veenita Gupta, Ms. Vishakha Gupta, Ms. Saloni Gupta Versus Adjudicating Authority (PMLA) , Deputy Director, Directorate of Enforcement, Deputy Superintendent of Police, Central Bureau of Investigation
Prevention of Money Laundering Act, 2002 - attachment orders - Held that - The offences allegedly committed by the first and second petitioners prior to 1.7.2005, the Prevention of Money Laundering Act was not in force. Even after 1.7.2005, the offences were not included in the scheduled offences till 1.6.2009. Since the charge sheet dated 13.1.2009, even on that date, Prevention of Corruption Act has not included in the scheduled list of offence....... + More
2017 (7) TMI 622 - KARNATAKA HIGH COURT
Directorate of Enforcement Versus Sri. G. Dhananjaya Reddy
Offences punishable under Section 120B IPC r/w. Sections 419, 420, 468 and 471 of IPC and Sections 7 and 13(2) r/w. Section 13(1)(d) of Prevention of Corruption Act, 1988 - Held that - The person arrested is entitled to be informed about the grounds of such arrest. It appears that the material in the sealed covers in the possession of the Directorate of Enforcement is not disclosed till date. In the given circumstances, the Special Judge was well....... + More
2017 (7) TMI 310 - PUNJAB & HARYANA HIGH COURT
Pal Pabla And Others Versus Gurnam Singh, Deputy Director, Directorate of Enforcement
Offense under Money Laundering - application filed under Section 210 Cr.P.C. for clubbing the complaint case bearing under Sections 5(5) and 45 (1) of the Prevention of Money Laundering Act, 2002 with case bearing FIR No.131 registered at Police Station Nawanshahr, under Sections 420, 177, 191, 206, 207 and 120-B of the Indian Penal Code - Held that - The provisions of Section 210 Cr.P.c. would show that when investigation is in progress in a pol....... + More
2017 (7) TMI 177 - DELHI HIGH COURT
Vakamulla Chandrashekhar Versus Enforcement Directorate & Anr.
Money laundering - nature of offence - Held that - It invariably involves secretive actions and dealings by the perpetrators, of transfer and rotation of moneys within and outside the country. It is also likely to involve fabrication and fudging of documents and records. The persons involved in money laundering invariably cover their tracks, and conceal their identities. The challenge faced by the investigating authorities is to uncover the money....... + More
2017 (7) TMI 109 - DELHI HIGH COURT
Virbhadra Singh & Another Versus Enforcement Directorate & Another, Chunni Lal Chauhan Versus Assistant Director, Enforcement Directorate & Another, Vikramaditya Singh Versus Assistant Director, Enforcement Directorate And Picheswar Gadde Versus Enforcement Directorate Ministry of Finance & Others
Malaise of money-laundering - Enforcement officers empowered by PMLA to make investigation - Held that - There is no requirement in law that an officer empowered by PMLA may not take up investigation of a PMLA offence or may not arrest any person as permitted by its provisions without obtaining authorization from the court. Such inhibitions cannot be read into the law by the court. - The prime argument of the petitioners is of political vendetta........ + More
2017 (6) TMI 737 - GUJARAT HIGH COURT
Jignesh Kishorebhai Bhajiawala Versus State of Gujarat & 1
Bail application - Prevention of Money Laundering Act - Held that - It may not be out of place to emphasize that even the investigation is not over and even if the investigation is required to be made or is made by the other authority under the other Act like Income Tax Act, by itself would not lead to a conclusion that the investigation under the PML Act is concluded. In fact the authority like Directorate of Enforcement under the PML Act would ....... + More
2017 (5) TMI 1429 - DELHI HIGH COURT
Paras Mal Lodha Versus Assistant Director, Directorate Of Enforcement
Regular bail under Section 439 Cr.P.C. in case registered under Sections 3 and 4 of PMLA - Held that - Admitted position is that the premises where raid was conducted on 10.12.2016 i.e. R-89, Greater Kailash part-I, New Delhi, did not belong to the petitioner. It is also admitted that at the time of recovery of ₹ 2.62 crores in the denomination of ₹ 2000 currency notes, the petitioner was not present in the said premises. - When speci....... + More
2017 (5) TMI 731 - PUNJAB & HARYANA HIGH COURT
Gurmesh Kumar Gaba Versus Assistant Director, Directorate of Enforcement, Govt. of India
Pre-arrest bail - Prevention of Money Laundering -Nmain allegations in the complaint are against Chunni Lal Gaba who is father of the petitioner and Gurjit Kumar Gaba who is another son of Chunni Lal Gaba - cases under the NDPS Act have also been registered and there are specific allegations of manufacturing and sale of illicit drugs/contrabands against them - Held that - The present Petitioner even though he is not a Director in M/s Medcare Reme....... + More
2017 (5) TMI 312 - DELHI HIGH COURT
Rohit Tandon Versus Enforcement Directorate
Regular bail under Section 439 Cr.P.C. seeked in case registered under Sections 3 & 4 of Prevention of Money Laundering Act, 2002 - Held that - Antecedents of the petitioner are also to be noted. Undisputedly, the petitioner along with others is also involved in case FIR No.197/2016 registered under Section 420/409/188/120B IPC on 14.12.2016 by Crime Branch and ECIR No.14/DZ-II/2016 registered on 16.12.2016 by ED for the offences under Sectio....... + More
2017 (4) TMI 926 - MADRAS HIGH COURT
G. Amudha Versus The Appellate Tribunal under the Prevention of Money Laundering Act, New Delhi., The Adjudicating Authority under the Prevention of Money Laundering Act, The Assistant Director, Office of the Joint Director, Enforcement Directorate, T. Muthu
Money laundering - PMLA Act - petition for stay - Held that - First appeal is a matter of statutory right and though there is no provision for stay, inherent power is vested with the Appellate Authority to grant interim order protecting the interest of the parties, pending disposal of the appeal. The appeal to the Appellate Tribunal is provided under Chapter 6 of PMLA Act and though under Section 26 of the said Act, there is no express provision ....... + More
2017 (4) TMI 475 - DELHI HIGH COURT
Anand Chauhan Versus Directorate Of Enforcement
Offence under money laundering - Offences to be cognizable and non-bailable - person accused of the commission of the offence - Held that - We cannot agree with the submission of the petitioner that for the purpose of Sections 3 and 4 of the PMLA, the person accused of the commission of the offence under the PMLA should have committed the scheduled offence and acquired the proceeds of crime. The proceeds of crime may be acquired by another person....... + More
2017 (4) TMI 415 - GUJARAT HIGH COURT
BHANUBEN W/O RAMESHBHAI JAGUBHAI PATEL AND 1 Versus STATE OF GUJARAT AND 2
Money laundering - offence - order of attachment of the bank accounts in exercise of powers under section 102 of the Cr.P.C. read with section 65 of the PMLA - Held that - A bare reading of section 5 would show that for the authorised officer (not below the rank of Dy. Director) to exercise power of provisional attachment, it is no longer necessary, that the person, who is in possession of any proceeds of crime should have also have been charged ....... + More
2017 (4) TMI 305 - APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
N.K. Proteins Ltd. Versus Dy. Dir., Directorate of Enforcement, Mumbai
Prevention of Money Laundering - praying the appeal filed by the appellant may be posted before a Bench comprising of the Hon ble Chairperson/Legal Member - Held that - The application relies on certain provisions of the PMLA namely 27, 28, and 33 which have been repealed by the Finance Act of 2016 (28 of 2016) with effect from 1-6-2016. The application is therefore, infructuous and is liable to be dismissed as such. It is also noted that by virt....... + More
2017 (4) TMI 1 - KARNATAKA HIGH COURT
M/s Obulapuram Mining Company Pvt. Ltd., M/s Bramhani Industries Ltd, G Lakshmi Aruna, Shri Gali Janardhana Reddy S/o G Changareddy Erstwhile Partner Versus Joint Director Directorate Of Enforcement, Union Of India, Ministry Of Mines Government Of India Through Secretary (Mines) , Ministry Of Environment Forest And Climate Change Through Its Secretary and Others
Prevention of Money Laundering - order of attachment - Held that - It can be seen from the records that all the offences allegedly committed by the writ petitioner were earlier to the insertion of the provision in the schedule of the Prevention of Money Laundering (Amendment) Act, 2009, and as such, they have no application. - Therefore, the Enforcement Case Information Report and the order of attachment are without jurisdiction and are liable to....... + More
2017 (3) TMI 1483 - KARNATAKA HIGH COURT
SHRI S.C. JAYACHANDRA S/O LATE CHIKKABORAIAH Versus ENFORCEMENT DIRECTORATE BANGALORE
Limitation for grant of bail under Section 45(1) of PML Act - Held that - The fact remains that whilst there was an earlier raid in the year 2008 and Lokayukta is awaiting approval from the Government to prosecute the petitioner, the current raid by the Income Tax has taken place. The explanation with regard to legitimacy of ownership of properties listed in the complaint are all subject matters of previous raid in the year 2008 and investigation....... + More
2017 (3) TMI 1269 - GUJARAT HIGH COURT
Pradeep Nirankarnath Sharma Versus Directorate of Enforcement
Offences punishable under Sections 3 and 4 of the PML Act alleging that the applicant has committed parity of scheduled offences i.e. under Sections 467, 471 read with Section 120-B of Indian Penal Code as well as for the offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988 - Held that - Considering there is no pronouncement by Hon ble the Supreme Court or of any High Courts that the provisions of Section 45 of th....... + More
2017 (3) TMI 1107 - MADRAS HIGH COURT
P. Gowshika Boopathi Versus The Appellate Tribunal under the Prevention of Money Laundering Act, The Adjudicating Authority under the Prevention of Money Laundering Act, The Assistant Director, Enforcement Directorate, Government of India, The Joint Director, Enforcement Directorate, Government of India, T. Muthu
Money laundering - order of provisional attachment - Held that - Provisional order of attachment has also been made absolute and it is the submission of the learned Senior Counsel appearing for the petitioner that the immovable property has also been mortgaged with M/s.Vijaya Bank, Mount Road, Chennai. The learned Senior Counsel appearing for the petitioner, on instructions, would submit that the petitioner will not further encumber or alienate o....... + More
2017 (3) TMI 690 - MADRAS HIGH COURT
Ashok Munilal Jain, Mahaveer Kumar Versus Assistant Director, Directorate of Enforcement
Maintainability of Revision petition under Section 397 r/w.401 Cr.P.C - Held that - Section 397(1) Cr.P.C empowers High Court and Sessions court to call for and examine the records of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself as to the correctness, legality or propriety of any finding. Sentence or order, recorded or passed, and as to the regularity of any pr....... + More
2017 (2) TMI 1205 - PUNJAB AND HARYANA HIGH COURT
Harmesh Kumar Gaba Versus Assistant Director, Directorate of Enforcement
Interim bail - Prevention of Money Laundering - Held that - It is seriously doubtful whether rigors of Section 45 of PMLA would be attracted in this case as the petitioner is not accused of an offence punishable for a term of imprisonment of more than three years in Part A of the Schedule attached to PMLA, 2002. Similarly, since the petitioner was not subjected to custodial interrogation regardless of express powers given to E.D under Section 19 ....... + More
