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CALCUTTA HIGH COURT
KRISHNA RAO
Sanwaraseth Suppliers Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Krishna Rao, J.
1. The petitioners have challenged the show cause notice issued by the Chairperson (Actg), Adjudicating Authority, Prevention of Money Laundering dated 23rd September, 2025 under Section 8(1) of the Prevention of Money Laundering Act, 2002 (hereinafter called PMLA Act).
2. The primary ground of challenge of the show cause notice dated 23rd September, 2025 is that the Adjudicating Authority was coram non judice. It is contended that a single member who is only acting as Adjudicating Authority even not being a judicial member has issued the show cause notice.
3. Learned Advocates representing the petitioners submits that in terms of Section 6 of PLMA, to pass an order, the provisions of sub-section 5(b) of Section 6 has to be complied with. They submit that the said provision stipulates that a bench may be constituted by a Chairperson of the Adjudicating Authority with one or two members as the Chairperson of the Adjudicating Authority may deem fit. It is further submitted that in the present case, the single member has acted as Adjudicating Authority and has issued show cause notice though there is no coram either of the Chairperson with one member or the Chai
The court upheld the validity of a show-cause notice under the Prevention of Money Laundering Act, affirming that the adjudicating authority may operate as a single-member bench without violating sta....
The judgment established the principle that statutory remedies should be exhausted before seeking extraordinary writ jurisdiction under Article 226 of the Constitution of India.
The adjudicating authority under the Prevention of Money Laundering Act, 2002, can function with a single-member bench as per Section 6(5)(b) of the Act, which empowers the Chairperson to constitute ....
The court established that the Adjudicating Authority under the PMLA, while exercising powers that may appear judicial, operates primarily as an administrative body, and its composition does not nece....
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.
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