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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
Kishore S/o. Pessulal Dewani – Appellant
Versus
Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. s.482 crpc application challenges pmla process. (Para 1 , 2) |
| 2. fir and ecir initiate pmla proceedings. (Para 3 , 4 , 5 , 6 , 11 , 12) |
| 3. parties dispute nexus to proceeds. (Para 7 , 8 , 9) |
| 4. cognizance demands prima facie grounds. (Para 10 , 28 , 29 , 30) |
| 5. money trails evidence proceeds of crime. (Para 13 , 14 , 15 , 16 , 17) |
| 6. applicant allegedly facilitates tainted investments. (Para 18 , 19 , 23) |
| 7. poc from scheduled offence essential. (Para 20 , 21 , 22) |
| 8. pre-poc property unrelated to laundering. (Para 24 , 25) |
| 9. pmla requires actual poc involvement. (Para 26 , 27) |
| 10. quash for lacking pmla ingredients. (Para 31 , 32 , 33 , 34 , 35) |
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Heard, Mr. Sunil Manohar, learned Senior Advocate for the Applicant, Mr. Prashant Mishra, learned Advocate for Respondent No. 1-ED and Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent.
2. This Criminal Application, filed under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”), is preferred by the Applicant against the Order dated 16.09.2021 passed by the City Civil Court & Additional Sessions Judge, Greater Bombay (the Designated Court for the Prevention of Money Launderin
PMLA process quashed for absence of nexus between pre-scheduled offence property acquisition (2005-2007) and subsequently generated proceeds of crime (2020-2021); no prima facie material of accused i....
Money laundering is a standalone offence under PMLA, independent of scheduled offences; involvement in proceeds of crime can lead to prosecution even if not charged with the underlying crime.
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
Possession of proceeds of crime infers necessary knowledge for prosecution under the Prevention of Money Laundering Act, regardless of whether the individual is charged in underlying predicate offenc....
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 ....
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
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.
The court ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
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