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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Directorate of Enforcement – Appellant
Versus
Bibhu Prasad Acharya, etc. – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECT
1. The appellant has filed complaints against the respondents and others under Section 44(1)(b) of the Prevention of Money Laundering Act, 2002 (for short, ‘the PMLA’). The complaint is for an offence under Section 3 of the PMLA, which is punishable under Section 4. Both private respondents are accused in the complaints. They are Bibhu Prasad Acharya (described hereafter as the first respondent) and Adityanath Das (described hereafter as the second respondent). The Special Court took cognizance of the complaints and issued summons to the respondents and other accused persons. Both of them filed writ petitions before the High Court challenging the cognizance taken by the Trial Court and inter alia prayed for quashing the complaints on the ground that both of them were public servants and, therefore, it was necessary to obtain prior sanction under sub-section (1) of Section 197 of the Code of Criminal Procedure, 1973 (for short, ‘the CrPC’). By the impugned judgment, the High Court upheld the respondents' contentions and quashed the orders of taking cognizance passed by the Special Court on the complaints only as against the said respondents.
SU
(1) Provisions of Section 197(1) of Cr.P.C. are applicable to complaint under Section 44(1)(b) of PMLA.(2) There is no embargo on considering plea of absence of sanction, after cognizance is taken by....
Cognizance of offences against public servants under the PMLA requires prior sanction under Section 197 CrPC, as established by the Supreme Court.
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
The PMLA's application is concerned with the ongoing nature of financial misconduct, allowing proceedings even for actions predating its enforcement, where evidence showcases potential 'proceeds of c....
Sanction for prosecution of public servant – Section 197 Cr.P.C. does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those ac....
(1) Sanction for prosecution of public servant – The provision must not be abused by public servants to camouflage commission of a crime under supposed colour of public office – While deciding issue ....
The court found that no sanction was required under Section 19 of the Prevention of Corruption Act, 1988 for the offences charged against the petitioner.
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