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VIKRAM NATH, PRASANNA B. VARALE
Pradeep Nirankarnath Sharma – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal has been filed against an order dated 14.03.2023 passed by the High Court of Gujarat dismissing the appellant’s criminal revision application and refusing to the quash the order of the Trial Court rejecting the appellant’s discharge application in a case for offences under the Prevention of Money Laundering Act, 2002.1 [PMLA]
3. The appellant had approached the High Court through a Criminal Revision Application No. 66 of 2018, challenging the order dated 08.01.2018 passed by the Special Judge (PMLA), Ahmedabad, in PMLA Case No. 02 of 2016. The Special Judge had rejected the discharge application filed by the appellant under Section 227 of the Code of Criminal Procedure, 19732 [CrPC] seeking discharge from the case registered under the PMLA. The appellant had been implicated based on allegations of money laundering arising out of scheduled offences under the PMLA.
4. The case against the appellant arose from an alleged economic offence wherein the respondent no. 1 – Enforcement Directorate3 [ED] initiated proceedings against him under the PMLA. The primary allegation was that the appellant was involved in financial transa
The offence of money laundering under the PMLA is a continuing offence, applicable irrespective of when the predicate offence occurred, and requires thorough judicial scrutiny.
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....
The offence of money laundering under the Prevention of Money Laundering Act, 2002 is an independent offence regarding the process or activity connected with the proceeds of crime, which has nothing ....
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
Money laundering proceedings can continue even if the predicate offence is quashed against one accused, as long as allegations and requisite material exist against others involved.
The offence of money laundering under the PMLA is a standalone, continuing offence, not dependent on the outcome of related scheduled offences, with a reverse burden of proof on the accused regarding....
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
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