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M. S. RAMESH, SUNDER MOHAN
K. Govindaraj – Appellant
Versus
Union of India – Respondent
ORDER (COMMON)
M.S. Ramesh and Sunder Mohan, JJ.—The above Writ Petitions challenge the various actions initiated by the respondents herein against the petitioners.
(i) Twenty-four out of the captioned Writ Petitions challenge the ECIR bearing reference No. ECIR/CEZO-II/22/2023 dated 11.09.2023.
(ii) Thirteen Writ Petitions challenge the Provisional Attachment Order in No.1/2024 dated 31.01.2024, passed in respect of the properties of the petitioners.
(iii) Eleven Writ Petitions challenge the proceedings in the Original Applications filed by the respondents seeking confirmation of the Attachment Order.
2. Since the issue involved in all the Writ Petitions is the same, they were heard together and a common order is passed. The following facts are undisputed:
(a) An ECIR/CEZO-II/22/2023 was recorded on 11.09.2023 on the basis of the following four First Information Reports:
(i) FIR No. 68/2023, dated 25.04.2023, registered by Murappanadu Police Station, Thoothukudi District.
(ii) FIR No.02/2022, dated 05.02.2022 registered by V & AC, Theni.
(iii) FIR No.08/2018, dated 23.07.2018 registered by V & AC, Thanjavur.
(iv) FIR No.03/2020, dated 20.10.2020 registered by V & AC
Scheduled offence – Attachment of property would result in serious consequences for concerned persons and cannot be based on assumptions made by respondents – Unless information with regard to any ca....
The Enforcement Directorate lacks jurisdiction under the Prevention of Money Laundering Act without a registered FIR indicating proceeds of crime directly related to the accused.
Money Laundering – Power to arrest under Section 19 (1) of PMLA is not for the purpose of investigation – Arrest can and should wait and power in terms of Section 19(1) of PMLA can be exercised only ....
Prosecution under the Prevention of Money Laundering Act, 2002 is not sustainable without a registered scheduled offence, as established by the Supreme Court in Vijay Madanlal Choudhary.
Without a predicate offense, proceedings under the Prevention of Money Laundering Act cannot be sustained, as established by the Supreme Court.
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.
Section 8 of the PML Act would come into play once the action is taken under Section 17. Sub-section (1) of Section 8 provides that on receipt of complaint, inter alia, under sub-section (4) of Secti....
The court ruled that the arrest of the petitioner was unlawful due to insufficient evidence linking him to illegal mining, which is not a scheduled offence under the Prevention of Money Laundering Ac....
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