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ARUN DEV CHOUDHURY
Kujendra Doley S/o Late Dharmeswar Doley – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. A. K. Bhattacharyya, learned Senior Counsel, assisted by Mr. D. K. Bhattacharyya, learned counsel for the petitioner and Mr. R. Dhar, learned counsel for the respondent.
2. The present petition under Article 226 of the Constitution of India is filed by the petitioner with a prayer to declare the show cause notice dated 26.10.2017 issued under Section 8 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA, 2002) being arbitrary, illegal and unreasonable. The further prayer made is to set aside and quash the aforesaid show cause notice dated 26.10.2017 and also to set aside and quash the complaint proceeding being OC.No.836/2017 pending before the Adjudicating Authority under PMLA, 2002.
3. This court by an order dated 28.11.2017 stayed the further proceeding of OC No. 836/2017. In the meantime, the respondent Enforcement Directorate had filed the connected I.A., being IA(C) 155/2021, for the vacation of the aforesaid interim order as well as the subsequent interim order dated 22.06.2018 passed by this Court in IA(C)/2276/2018. IA (C) 2276/2018 was filed praying for a sta
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.
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 court emphasized the necessity of communicating judicial orders to affected parties, particularly when they are in custody, as a fundamental aspect of natural justice.
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....
Properties acquired before the commission of an alleged offence cannot be attached under the Prevention of Money Laundering Act, and due process must be followed in such proceedings.
The Enforcement Directorate can issue summons for further investigation under the PMLA Act without prior permission from the Special Court, and this does not violate the accused's rights under Articl....
(1) There is a statutory right of police to investigate cognizable crime without requiring any authority from judicial authority – Functions of judiciary and police are complementary, not overlapping....
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
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 ....
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