Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2022 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (12) TMI 313 - HC - Money LaunderingMoney Laundering - scheduled offences - In the light of the law laid down by the Supreme Court in VIJAY MADANLAL CHOUDHARY & ORS. VERSUS UNION OF INDIA & ORS. [2022 (7) TMI 1316 - SUPREME COURT], the learned counsel for the petitioner prayed for quashment of the proceedings before the Enforcement Directorate. HELD THAT:- It was held in the case of in Vijay Madanlal Choudhary that The Authorities under the 2002 Act cannot prosecute any person on notional basis or on the assumption that a scheduled offence has been committed, unless it is so registered with the jurisdictional police and/or pending enquiry/trial including by way of criminal complaint before the competent forum. If the person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him or any one claiming such property being the property linked to stated scheduled offence through him. This Writ Petition is allowed and impugned order passed by the respondent in his proceedings is quashed.
|