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K. R. MOHAPATRA
Deepak Gupta – Appellant
Versus
Adjudicating Authority, New Delhi-1 – Respondent
JUDGMENT
This matter is taken up through hybrid mode.
2. Petitioner in this writ petition assails the initiation proceeding under Section 8 of the Prevention of Money Laundering Act, 2002 (for brevity ‘the Act, 2002’) and consequential show cause notice dated 19th June, 2015 under Annexure-5. He further prays to keep the said proceeding in abeyance till completion of trial in VGR No.05 of 2013 pending in the Court of learned Special Judge, (Vigilance), Keonjhar.
3. Mr. Rath, learned counsel for the Petitioner submits that the initiation proceeding under Section 8 of the Act, 2002 is per se illegal as the Petitioner being an accused in the proceeding under the Act 2002 is compelled to disclose the sources of income, earning or assets, out of which or by means of which, he has acquired the property, provisionally attached. He can make such a disclosure only at the stage of recording of the statement of the accused. Trial under the Act, 2002 is continuing and it has not yet reached the stage of recording the accused statement. At this stage, if the Petitioner discloses his defence, it will be utilized against him to prove the charges, which is indirect violation of Article 20(3) of th
Money Laundering – After provisional attachment of property under Section 5(1) of Act, 2002, it is incumbent on Adjudicating Authority to issue notice to person whose property has been provisionally ....
(1) Offence of money laundering is an independent offence regarding process or activity connected with proceeds of crime which had been derived or obtained as a result of criminal activity relating t....
The issuance of a show cause notice under the PMLA does not violate the right against self-incrimination under Article 20(3) of the Constitution.
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....
Section 3 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence.
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.
Offence of money-laundering - Investigation - Section 45 (1A) mandates that no Police Officer shall investigate into an offence under PMLA unless specifically authorised by a general or special order....
The allocation of coal does not constitute proceeds of crime under the Prevention of Money Laundering Act if no illegal gains are derived or shown, particularly after quashing of the related first ch....
Retrospective application of the Black Money Act to actions predating its enforcement contravenes Article 20 of the Constitution, prohibiting convictions under ex post facto laws.
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