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ABHAY S. OKA, UJJAL BHUYAN
R. Madhavan Plai – Appellant
Versus
Rajendran unnithan. S – Respondent
| Table of Content |
|---|
| 1. improper registration of ecir by high court (Para 4) |
| 2. quashing of ecir and discretion to enforcement directorate (Para 5) |
ORDER :
1. As per the office report, all the respondents have been served. The second to fourth respondents are represented by a learned counsel.
2. Leave granted.
3. The explanation of the appellant in the affidavit filed pursuant to the order dated 27th January, 2025 is hereby accepted.
4. While dealing with the writ appeals, by the impugned judgment, the Division Bench of the High Court directed the Enforcement Director to register an Enforcement Case Information Report (for short, "the ECIR"). Paragraphs 6 and 7 of the impugned judgment read thus:
Courts cannot direct ED to register ECIR under PML Act solely on predicate offence; ED acts on own satisfaction of proceeds of crime.
Court cannot direct ED to register ECIR solely based on predicate offence; requires ED's independent satisfaction of proceeds of crime under PML Act.
Courts cannot direct ED to register ECIR solely on predicate offence existence; ED's satisfaction on proceeds of crime required.
Section 66(1) of the PMLA prescribes the obligations of Enforcement Directorate (ED) to provide or facilitate the provision of pertinent information to designated government entities when such inform....
Money laundering proceedings under the Prevention of Money Laundering Act cannot be sustained without a validly registered predicate offense; if the predicate offense is quashed, so are the related m....
The presence of a scheduled offence legitimizes the existence of an ECIR and allows the department to continue the investigation. However, the settlement or quashing of scheduled offences in FIRs pro....
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
Anticipatory bail under the PMLA requires clear evidence that the accused is not guilty and unlikely to commit further offences, which was not demonstrated in this case.
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