IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Future Gaming of Hotels Services Pvt. Ltd. – Appellant
Versus
Enforcement Directorate, Kolkata – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
Brief background
1. The instant two proceedings have been preferred by the petitioner herein seeking quashment of the proceeding being in ML Case No. 15 of 2013 pending before learned Special CBI Court 1 under section 3 read with section 70 of the Prevention of Money Laundering Act, 2002 (herein after called as PMLA) in CRR 4586 of 2023 along with Enforcement Case Information Report (in short ECIR) bearing no. KLZO I/22/2021 dated 28.05.2021 which were initiated by the Enforcement Directorate (in short ED). The said ECIR was registered by the ED pursuant to the FIR bearing no. 246/2019 dated 01.08.2019 at Bhawanipure PS Kolkata and FIR bearing no. 260 of 2019 dated 12.11.2019 registered at PS Beleghata (in short would be referred as Kolkata FIRs).
2. The petitioner at first challenged the continuation of the aforesaid ECIR before this court in CRR 708 of 2023 interalia on the grounds of the same being non-est without jurisdiction since the ECIR was based on the aforesaid two Kolkata FIRs, wherein police had submitted final report on the ground of mistake of facts and such closure report/final report had also been accepted by the concerned Magistrate.




The Prevention of Money Laundering Act proceedings cannot survive if the predicate offences linked to them are closed by the court, indicating the non-existence of 'proceeds of crime'.
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
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....
FIR and ECIR become two different documents and both tend to take shape on its own, independent of each other.
A quashed FIR does not automatically invalidate an ECIR; the ECIR is independent and requires substantive grounds for quashing based on the merits of the predicate offence under PMLA.
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.
Section 66(1) of the PMLA prescribes the obligations of Enforcement Directorate (ED) to provide or facilitate the provision of pertinent information to designated government entities when such inform....
Money laundering proceedings under the Prevention of Money Laundering Act cannot be sustained without a validly registered predicate offense; if the predicate offense is quashed, so are the related m....
A predicate offence must exist for PMLA investigations to proceed; if proceedings are stayed, then related investigations, including ECIR and NBWs, must also desist.
The court established that without a predicate offence, an ECIR under the PMLA cannot be maintained, reinforcing the principle that money laundering charges are contingent upon the existence of a sch....
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