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K. NATARAJAN
Vihaan Direct Selling India Private Limited – Appellant
Versus
Assistant Director Directorate of Enforcement – Respondent
ORDER
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 th
Court cannot take cognizance and quash or stay criminal proceedings without having territorial jurisdiction.
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....
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 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 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 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....
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