Back
K. NATARAJAN
Vihaan Direct Selling India Private Limited – Appellant
Versus
Assistant Director Directorate Of Enforcement Enforcement Directorate – Respondent
ORDER
1. This writ petition is filed by the petitioner-company under Articles 226 and 227 of the Constitution of India seeking various reliefs of issuing writ of certiorarified mandamus for quashing the FIR in No.ECIR/MBZO-1/15/2013 registered by the Directorate of Enforcement (ED) and also various directions, to quash the search and seizure of the account and to declare the search conducted under Section 17 of the Prevention of Money Laundering Act as illegal and unconstitutional and other various reliefs.
2. Heard the arguments of learned Senior counsel appearing for the petitioner counsel and learned Special counsel for the respondents-ED.
3. The case of the prosecution is that the respondent-ED registered a FIR in ECIR/MBZO-1/15/2013 based upon the FIR registered by the Oshiwara Police Station, Mumbai in Crime No.316/2013 for various IPC offences and the offence under Sections 120B and 420 of IPC are the schedule offences under the Prevention of Money Laundering Act, 2002 (for short 'PML Act'). Hence, the ED registered a case against the petitioner-company in the above said FIR and during the investigation in the year 2013, the ED said to be conducted the search and freezed the ba
The main legal point established in the judgment is the jurisdictional limitation in challenging actions taken by the enforcement authorities under the Prevention of Money Laundering Act, 2002, and t....
Court cannot take cognizance and quash or stay criminal proceedings without having territorial jurisdiction.
Though offences under PMLA are stand alone offences, yet their origin is Scheduled offences – Once Scheduled offence ceases to exist or is extinguished, accused cannot be proceeded against in respect....
The existence of jurisdictional fact is a condition precedent for the exercise of power by a Court of limited jurisdiction. The grant of stay of any particular proceedings would amount to eclipsing t....
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 affirmed that actions taken under the Prevention of Money Laundering Act are invalid without a subsisting predicate offense, establishing that quashing of an FIR necessitates the quashing o....
FIR and ECIR become two different documents and both tend to take shape on its own, independent of each other.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
