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PMLA - Highlights / Catch Notes

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Money Laundering - proceeds of crime - validity of simultaneous ...

Money Laundering

June 14, 2022

Money Laundering - proceeds of crime - validity of simultaneous proceedings under different statutes - In the instant case, the FIR was filed for offences under Indian Penal Code, 1860 (IPC) and here, in the instant case, the complaint is filed under Sections 3 and 4 of the Act. Both are distinct offences. The acts are also different. They are not the same offence. Therefore, apparently the provisions of Article 20(2) of the Constitution of India are not attracted in the instant case. Instant complaint case is not a second trial. - Merely because the petitioners have already deposited the money, it does not absolve the petitioners of any liability under the Act. Section 3(ii) of the Act, does not bar the prosecution. - HC

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