2018 (4) TMI 680 - ATPMLA
Mridula Kapur Versus The Deputy Director Directorate of Enforcement, Delhi
Provisional attachment order - Appellant explained the position of the acquittal but the adjudicating authority, PMLA, New Delhi still attached the properties of the appellant - Held that - Proceeds of Crime under Section 2(1)(u) of the PML Act is a property which is derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence . Scheduled Offence is a predicate offence and the occurre....... + More
2018 (4) TMI 600 - APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT, NEW DELHI
M/s Horizon Info Solutions Pvt. Ltd. Versus The Deputy Director Directorate of Enforcement, Delhi
Offence under PMLA - provisional attachment - Held that - Adjudicating Authority ought not to have reached an adverse conclusion affecting the rights of the Appellant and ought not to have acted in haste without following the procedure established by law. The only reason given in the impugned order for upholding the provisional attachment order passed by the ED in respect of the said property is that the said property was owned by M/s Shamken Mul....... + More
2018 (3) TMI 1065 - ATPMLA
M/s Jagati Publication Limited, M/s Janani Infrastructure Pvt. Ltd., M/s Carmel Asia Holdings Pvt. Ltd., Bharathi Cement Corporation Pvt. Ltd. Versus The Deputy Director Directorate of Enforcement, Hyderabad
Offence under PMLA - Provisional Attachment Order - Held that - During the course of the hearing, the learned counsel appearing on behalf of the respondent has stated that as far as the calculation of the Judgement of property is concerned this Appellate Tribunal has to give the final findings and in case the allegations against the appellants are proved in the complaint under the scheduled offence in Prevention of Money Laundering Act then the m....... + More
2018 (3) TMI 419 - ATPMLA
Shri A. Seeni @ Seenivasan, Smt. S. Vasuki, Smt. S. Sugumari Versus The Deputy Director Directorate of Enforcement, Chennai
Acquittal from the charges punishable under Section 3 read with Section 4 of PMLA 2002 - Held that - The accused were acquitted from the charges punishable under Section 3 read with Section 4 of PMLA 2002 wherein it was further ordered that the properties of the accused which were attached by the said authority are acquitted u/s 235(1) Cr.P.C. from the charges punishable u/s 3 r/w 4 of the Prevention of Money Laundering Act, 2002 and the properti....... + More
2018 (3) TMI 276 - BOMBAY HIGH COURT
Rahul Radheshyam Bhomavat Versus Union of India through the Secretary, Department of Revenue and others
Offence under PMLA - Attachment of property involved in money-laundering - Held that - In the present case, defendant No.3 has challenged the order of attachment passed by the authorities in respect of the property which does not belong to him. The subject matter of the present appeal is not the prosecution launched against the defendant No.3. As we have already indicated that it will be open to the defendant No.3 to consider for applying for dis....... + More
2018 (2) TMI 1570 - ATPMLA
Kumud Mitra Versus The Deputy Director Directorate of Enforcement, Delhi
Offence under PMLA - conducting the searches- retention of seized property - opinion based on Reason to Believe - Held that - The main purpose of conducting the searches, as mentioned in the reason to believe, no material or any seizure of incriminating documents or any demonetized currency. The search of the said lockers conducted was not in conformity with the provisions of law relating reasons to believe for conducting search of the lockers. C....... + More
2018 (2) TMI 1327 - DELHI HIGH COURT
RAJBHUSHAN OMPRAKASH DIXIT Versus UNION OF INDIA AND ANR
Offence under PMLA - Seeking issuance for a writ of habeas corpus for releasing the Petitioner from custody - Are the PMLA offences cognizable? - Held that - When Form III uses the word order that has to include, as per Rule 2 (1) (h) of the PML Arrest Rules, the grounds of arrest. The basic idea is not merely to inform the person arrested of the grounds of arrest but to also furnish him a copy thereof. Even Rule 3 (1) of the PML Arrest Rules req....... + More
2018 (2) TMI 1061 - ATPMLA
Jagati Publications Ltd. Versus Joint Director, Directorate of Enforcement, Delhi
Offence under PMLA - provisional attachment orders - nature of offence - whether M/s Jagati Publications Pvt. Ltd. and Y.S Jagan Mohan Reddy have thereby committed the schedule offence of cheating and the Proceeds of Crime are liable to be proceeded against under PMLA? - Held that - From the facts of the present case, at the best if proved, it may be a case of cheating. The suit for recovery of amount has not been filed. Shares are with the inves....... + More
2018 (2) TMI 1060 - MADRAS HIGH COURT
The Deputy Director, Directorate of Enforcement, Government of India Versus Shri. Ramesh Pothy, Shri. S. Ashok, Shri. S. Mahesh Pothys Pvt. Ltd., Shri. S. Murugesh, Shri. Ashwanth Pothy, Shri. S. Pothiraj
Offence under PMLA - respondents are not pressing the interim order granted by the Appellate Tribunal, Prevention of Money Laundering Act, at New Delhi - Held that - Though Mrs.G.Hema, Special Public Prosecutor, appearing for the appellant seeks for interference of the orders, impugned in these appeals and also sought for an answer on the substantial questions of law, raised in the instant Civil Miscellaneous Appeals, in view of the averments and....... + More
2018 (2) TMI 1059 - ATPMLA
Jagati Publications Ltd., Janani Infrastructure Pvt. Ltd Versus Joint Director, Directorate of Enforcement, Delhi And Hetero Drugs Ltd., APL Research Centre Ltd., Aurobindo Pharma Ltd. Versus The Deputy Director Directorate of Enforcement, Delhi
Offence under PMLA - private companies allegedly investing in companies owned by Mr. Y.S. Jaganmohan Reddy, namely M/s Jagati Publication Pvt. Ltd. in exchange for obtaining SEZ lands at prices lower than the stipulated rates as a quid pro quo, which is stated to have resulted in monetary losses to the exchequer - Held that - From the entire gamut of the matter and material placed on record, it appears to us that the allegation of bribe and cheat....... + More
2018 (2) TMI 1058 - ATPMLA
M/s Jagati Publications Pvt. Ltd., Indira Television Ltd., Carmel Asia Holdings Pvt. Ltd., Janani Infrastructure Pvt. Ltd. Versus Joint Director, Directorate of Enforcement, Hyderabad
Offence under PMLA - in-genuine investments made into M/s Jagati Publications Ltd and M/s Carmel Asia Holdings Pvt Ltd - provisional attachment - Held that - The allegation of bribe and cheating are yet to be considered by the Special Court. It is yet to be examined after trial as to whether any criminality is involved or not. There is no denial on the part of the appellants that the said investments were made. - There are versions against the ve....... + More
2018 (2) TMI 578 - ATPMLA
Smt. Jyoti Ashish Versus The Deputy Director Directorate of Enforcement, Delhi
Offence under PMLA - valuables in the Lockers involved in money laundering - criminal act of money laundering to sabotage the demonetization policy announced by Govt. of India - period more than 180 days is already elapsed and the Enforcement Directorate has not passed any orders under section 5(1) of PMLA - Held that - In the present case there are no allegation against her involving in the schedule offence or under the PML Act, 2002. More than ....... + More
2018 (2) TMI 413 - ATPMLA
Punjab National Bank Versus The Joint Director Directorate of Enforcement, Goa
Attachment orders - offence under PMLA - Held that - There is no nexus whatsoever between the alleged crime and the Bank who is mortgagee of the properties in question which were purchased before sanctioning the loan. Thus no case of money-laundering is made out against Bank who has sanctioned the amount which is untainted and pure money. They have priority to recover the loan amount/debts by sale of assets over which security interest is created....... + More
2018 (2) TMI 310 - SUPREME COURT OF INDIA
JIGNESH KISHOREBHAI BHAJIAWALA Versus STATE OF GUJARAT AND ANR.
Offence under PMLA - grant of bail - Held that - As in (Nikesh Tarachand Shah Vs. Union of India & Anr 2017 (11) TMI 1336 - SUPREME COURT OF INDIA as directed to declare Section 45 (1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India. All the matters before us in which bail has been denied, be....... + More
2018 (2) TMI 239 - GUJARAT HIGH COURT
Jignesh Kishorebhai Bhajiawala Versus State of Gujarat And 1
Bail application - offence under PMLA - Held that - The involvement of the Applicant accused with regard to the alleged offence under the PML Act and there may be further scrutiny of the material by the Respondent agency, the fact remains that most of the material has been seized and collected and the severity of the punishment, which has been emphasized by learned Senior Counsel Shri S.V.Raju, clearly suggest that it is punishable up to 7 years,....... + More
2018 (1) TMI 1121 - DELHI HIGH COURT
Virendra Jain And Surender Kumar Jain Versus Enforcement Directorate Delhi Zonel Office Zone Ii New Delhi
Seeking regular bail u/s 3 and 4 of PMLA - Held that - The petitioners have been in custody for more than 10 months, the nature of evidence is primarily documentary in nature, which documents have been collected, the trial is likely to take some time, the maximum sentence that can be awarded to the petitioners if convicted would be seven years imprisonment and that the petitioners have no previous involvement except the SFIO complaint on the same....... + More
2018 (1) TMI 829 - DELHI HIGH COURT
Yogesh Mittal Versus Enforcement Directorate
Offence under PMLA - Whether a supplementary complaint is maintainable? - Held that - The extreme view that once a complaint is filed then a second complaint is totally barred and cognizance on the second complaint against a new accused person is illegal appears to be erroneous as once power of investigation is vested in an agency and cognizance can be taken on a complaint only then on a further investigation carried out with the leave of the cou....... + More
2018 (1) TMI 552 - SUPREME COURT
YOGESH MITTAL Versus ENFORCEMENT DIRECTORATE
Grant of bail - offence under the Prevention of Money Laundering Act, 2002 - petitioner, without approaching the Special Court under the PMLAct, 2002 for grant of bail, has preferred the present petition seeking bail in on the ground that his remand in judicial custody is illegal and without any jurisdiction of the learned Special Court to remand the petitioner any further after the presentation of the prosecution under Section 44 of the PMLA - H....... + More
2018 (1) TMI 551 - DELHI HIGH COURT
J SEKAR, S RAMACHANDRAN, K RETHINAM, SRS MINING, T. VINAYAK RAVI REDDY, K. RETHINARM, SURENDRA KUMAR JAIN AND ORS, M/s SWASTIK CEMENT PRODUCTS PVT. LTD. & ORS, M/s DHAWAN CREATIVE PRINTS PVT. LTD. AND ANR., APRAJITA KUMARI & ANR, PRATIBHA SINGH & ANR, APRAJITA SINGH AND ORS. Versus UNION OF INDIA & ORS, JOINT DIRECTOR, ENFORCEMENT DIRECTORATE & ANR
Constitutional validity of the second proviso to Section 5 (1) of PMLA - Held that - It is clarified that this Bench will not be examining the merits of the show cause notices or orders of adjudicating authority in the individual cases. That will be dealt with by the respective roster Benches. - Orders reserved on the aspects referred to in para 1.Both the parties shall file their respective written notes of arguments, on the above aspect, includ....... + More
2018 (1) TMI 535 - DELHI HIGH COURT
J. Sekar, S. Ramachandran, K. Rethinam, SRS Mining, T. Vinayak Ravi Reddy, Surendra Kumar Jain And Ors., M/s. Swastik Cement Products Pvt. Ltd. & Ors., Dhawan Creative Prints Pvt. Ltd. And Anr., Aparajita Kumari & Anr., Pratibha Singh & Anr. Versus Union of India & Joint Director, Enforcement Directorate & Anr.
Declaration to the second proviso to Section 5 (1) of PMLA as ultra vires Article 14 of the Constitution of India - Held that - (i) The second proviso to Section 5(1) PMLA is not violative of Article 14 of the Constitution of India; the challenge in that regard in these petitions is hereby negatived. - (ii) The expression reasons to believe has to meet the safeguards inbuilt in the second proviso to Section 5(1) PMLA read with Section 5(1) PMLA. ....... + More
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