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2024 (4) TMI 37
Validity of ECIR proceedings- money laundering - Predicate offence - criminal conspiracy in the commission of offence relating to allotment of housing plots under Government Discretionary Quota - HELD THAT:- The impugned ECIR proceedings has been recorded against the petitioner showing him as a suspected person, based on the complaint which culminated into C.C.No.14 of 2019, which was quashed by the above referred order. Though a detailed counter has been filed, the averments may not have relevance in view of the admitted fact that the proceed....... + More
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2024 (4) TMI 27
Money Laundering - Validity of acquittal of accused - Dismissal of the Complaint - falsification of accounts, forgery and cheating - misusing the password and manipulating the data - HELD THAT:- This Court is conscious of the fact that an appeal against acquittal cannot be interfered unless and until the reasoning given by the trial Court suffers serious legal infirmity or factual error. If the views expressed are reasonably possible, even if another view is possible, the appellate Court need not interfere. It is well settled principle of law ....... + More
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2024 (4) TMI 26
Money Laundering - proceeds of crime - Predicate/scheduled offence - offences punishable under Sections 3, 4 and 8 (5) of PMLA - HELD THAT:- It is an admitted fact that the trial in the predicate offence (scheduled offence) had concluded. The trial Court has convicting three of the accused in this case. Their appeal is pending. The Hon'ble Supreme Court has held that the accused in the PMLA case need not necessarily be an accused in the schedule offence case. It is the proceeds of crime, which must be common to both cases and not the offen....... + More
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2024 (3) TMI 1233
Seeking grant of regular bail - Money Laundering - Scheduled Offences - proceeds of crime - illegal transfer of the land - creation of fabricated documents - twin condition as per section 45 of PMLA satisfied or not - grounds of parity - HELD THAT:- The Hon ble Apex Court in Vijay Madanlal Choudhary and Ors. Vs. Union of India and Ors. [ 2022 (7) TMI 1316 - SUPREME COURT] has been held that the Authority under the 2002 Act, is to prosecute a person for offence of money-laundering only if it has reason to believe , which is required to be recor....... + More
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2024 (3) TMI 1181
Legality of arrest and consequential payment of compensation - HELD THAT:- Earlier order records that the issue of legality and validity of the arrest of the appellants as well as the other questions will be gone into in these appeals. The said questions need not be decided in these appeals. Therefore, legal contentions arising in these appeals are left open to be decided in appropriate cases. Appeal disposed off.
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2024 (3) TMI 1138
Invocation of jurisdiction of this Court under Section 482 of the Cr.P.C - cognizance of offences on basis of supplementary complaint filed by the respondent against the petitioner second time - petitioner has challenged the impugned order primarily on the ground that it was not open to the learned Special Judge to take cognizance of the offences second time and to issue process against the petitioner, who was already facing prosecution before the Special Judge in the first complaint filed by the respondent against him before the said Court. W....... + More
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2024 (3) TMI 1137
Grant of Bail - Money Laundering - predicate offence - invocation of jurisdiction of this Court under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure (Cr.P.C.) - bank loan fraud - HELD THAT:- It is an admitted fact that the petitioner has invoked the jurisdiction of the High Court of Punjab and Haryana for challenging the proceedings initiated against him under PMLA and he has also challenged the summons issued by the respondent against him. In the instant case, the petitioner has challenged the....... + More
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2024 (3) TMI 926
Money Laundering - scheduled offences - cognizance of offence - issuance of summons without conducting an enquiry as prescribed under Section 202 of Cr.PC - petitioner not charged with the predicate offence, still be prosecuted for the offence under the PMLA Act or not - sufficient evidence to establish that the petitioner - accused No. 7. Is it permissible to take cognizance and issue summons without conducting an enquiry as prescribed under Section 202 of Cr.PC? - HELD THAT:- Upon examination of Clause (b) to Sub-Section 1 of Section 44, it ....... + More
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2024 (3) TMI 862
Grant of bail - money laundering - proceeds of crime - scheduled/predicate offences - hatching the criminal conspiracy and conceptualizing the idea of accommodation entries against cash - whether the appellants have been able to satisfy the twin conditions laid down in Section 45 of the PMLA? - HELD THAT:- It is confined to deal with the bare minimum facts necessary for the purpose of deciding whether the appellants have been able to satisfy the twin conditions laid down in Section 45 of the PMLA, that is (i) there are reasonable grounds for b....... + More
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2024 (3) TMI 861
Money Laundering - Validity of framing of charges - dealing in skin and organs of prohibited animals - proceeds of crime - scheduled offence - It is submitted that the trial court has failed to consider that in fact no proceeds of crime has been generated from the goods allegedly seized from the premises of the applicants - HELD THAT:- The allegations against the applicants are to tune that they were indulged in dealing with the skin and organs of prohibited animals from before the year 2007 and the same is punishable under various provisions ....... + More
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2024 (3) TMI 759
Money Laundering - Scheduled offence - Legal jugglery - framing of charges - Acquittal form predicate offence - it was held by High Court that The view as taken by the Trial Court in this matter had been a justified view of the matter and the High Court was not right in setting aside the discharge order despite the fact that the accused No. 1 had already been acquitted in relation to the scheduled offence and the present appellants were not accused of any scheduled offence - HELD THAT:- There is no reason to interfere with the impugned order. ....... + More
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2024 (3) TMI 695
Money laundering - written complaint filed by Bank of Baroda based on EY audit alleging that the company along with others including the petitioner committed bank fraud to the tune of Rs. 57.29 crores - petitioner is aggrieved by continuance of ED investigation conducted by the respondent under Section 120B read with Section 420 IPC, Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 against M/s Technovaa Plastic Industries Private Limited (Company) and others, wherein petitioner is named as accused No. 3 - HELD THA....... + More
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2024 (3) TMI 645
Quashing of summons dismissed - whether Section 120-B IPC is a standalone scheduled offence for invocation of provisions under the Prevention of Money Laundering Act, 2002? - HELD THAT:- The High Court, vide the impugned judgment, has held that Section 120-B IPC is a standalone scheduled offence on the basis of which provisions of PMLA can be invoked - the reasons assigned by the High Court in the impugned judgment cannot be sustained. Appeal allowed.
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2024 (3) TMI 644
Seeking grant of anticipatory bail - Money Laundering - applicant though not named in the FIR, prosecution complaint filed by the Income Tax Department nor named in the ECIR submitted by the Enforcement Directorate, can be involved in the commission of offence under the PMLA or not - twin conditions for grant of bail under Section 45 of the PMLA, 2002 are available on record to release the applicant by granting anticipatory bail or not. Whether the applicant though not named in the FIR, prosecution complaint filed by the Income Tax Department ....... + More
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2024 (3) TMI 599
Maintainability of petition - petitioners are basically aggrieved with certain observations made in the impugned judgment and order against the State Police Machinery - HELD THAT:- The respondents fairly states that the respondents are not interested in maintaining those observations. He submits that if those observations are expunged, the respondents would have no objection. It is not required to entertain the petition in so far as final directions given in the impugned order are concerned - SLP disposed off.
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2024 (3) TMI 598
Seeking grant of Regular Bail - Money Laundering - proceeds of crime - predicate offence - subsidy fraud in IFFCO by opening Kisan International Trading - exchange of illegal commissions in import of raw materials and fertilizers - manipulation of sales data of fertilizers for claiming higher subsidy etc. - specific allegation against the petitioner is that he along with the co-accused acted as intermediaries who channelized the ill-gotten money through various firms and companies registered either in their names or in the names of the sons of....... + More
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2024 (3) TMI 597
Grant of anticipatory bail - Money Laundering - siphoning off of funds - sale of the properties belonging to Kalpataru Grih Nirman Society, in which, FIR has been registered against Dilip Sisodia for defrauding the society by diverting Rs. 4.89 Crores in his own personal account - HELD THAT:- Section 3 of the PMLA Act says that whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected proceeds of crime including its concealment, possession, acq....... + More
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2024 (3) TMI 582
Money Laundering - existence of a predicate/ scheduled offence - sine qua non for proceeding upon the offence of money laundering as defined under Section 3 of the Act - accused discharged or acquitted of the scheduled offences - HELD THAT:- The Apex Court in the case of Vijay Madanlal Choudhary [ 2022 (7) TMI 1316 - SUPREME COURT ] has already settled the controversy that if a person is finally discharged or acquitted of the scheduled offences or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no ....... + More
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2024 (3) TMI 564
Provisional attachment order - whether the appeal filed by the appellant only impugns the order confirming the provisional attachment and did not impugn the order rejecting the application filed before the Adjudicating Authority for non-supply of certain documents and non-supply of legible copies of certain Relied Upon Documents - HELD THAT:- Perusal of the prayer paragraph of the appeal shows that the appellant has not only impugned the order dated 14.12.2015 (Annexure A1 to the appeal before the Tribunal) whereby the provisional attachment o....... + More
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2024 (3) TMI 409
Seeking for transfer of investigation of Case - money laundering case involving public distribution system scam in which a cabinet Minister of the State of West Bengal was arrested - Whether the facts and circumstances in the case on hand would fall within the parameters as mentioned by the Hon ble Supreme Court in STATE OF WB. ORS. VERSUS COMMITTEE FOR PROTECTION OF DEMOCRATIC RIGHTS WB. ORS. [ 2010 (2) TMI 1118 - SUPREME COURT] ? - whether ED was justified in seeking for transfer of the cases to CBI? - whether the State of West Bengal was ju....... + More
