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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Enforcement Directorate through D.N. Poddar, Deputy Director – Appellant
Versus
Papia Rozario – Respondent
| Table of Content |
|---|
| 1. summary of case background and allegations (Para 1 , 2 , 3) |
| 2. arguments on the validity of the pmla proceedings (Para 4 , 5 , 6) |
| 3. counterarguments against the applicability of the pmla (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's findings on the pmla and scheduled offences (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. analysis of the interpretation of money laundering offences (Para 25 , 26 , 27 , 28 , 29) |
| 6. final determination of the trial court's error (Para 30 , 31 , 32 , 33 , 34) |
| 7. conclusion and orders of the court (Para 35 , 36) |
| 8. administrative follow-up to the judgment (Para 37 , 38 , 39 , 40 , 41) |
JUDGMENT :
Ajay Kumar Gupta, J.
1. The instant Criminal Revisional application has been preferred by the Enforcement Directorate through its Deputy Director under Sections 397 , 401 & 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) read with Section 47 of the Prevention of Money Laundering Act, 2002 (in short ‘PMLA’), challenging the correctness, legality and propriety of the order dated 15.12.2017 passed by the Learned Special (CBI) Court No. 1, Calcutta and Special Court of PMLA, Calcutta in ML Case No. 02 of 2013 (Enforcement Directorate through Sh. D.N. Poddar,
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
Section 3 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence.
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.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
The offence of money laundering under the Prevention of Money Laundering Act, 2002 is an independent offence regarding the process or activity connected with the proceeds of crime, which has nothing ....
The offence of money laundering under the PMLA is a standalone, continuing offence, not dependent on the outcome of related scheduled offences, with a reverse burden of proof on the accused regarding....
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.
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