IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, MR.JUSTICE P. KRISHNA KUMAR, JJ
A.K SAMSUDDIN S/o. DR.A.KHALEQUE ((late)) – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
P. Krishna Kumar, J.
The primary issue in these cases is the constitutional validity of the criminal proceedings initiated under Section 3 of the Prevention of Money-Laundering Act, 2002 (‘PMLA’, for short). According to the appellant/petitioners, at the time when the act of money laundering was allegedly committed, either (i) the PMLA itself was not in force, or (ii) the predicate offences were not included in the schedule of the said Act, and thus all the proceedings initiated against them by the Enforcement Directorate are in the teeth of Article 20(1) of the Constitution of India.
2. The Writ Appeal is preferred against the judgment of the Single Bench of this Court, upholding such an action initiated by the Enforcement Directorate. All the above Writ Petitions are placed before us for disposal together with the Writ Appeal, as the petitioners also challenge the investigation and further proceedings under Section 3 of the PMLA on the above grounds.
3. We heard the learned counsel appearing for the appellant/petitioners as well as the Retainer Counsel appearing for the Enforcement Directorate.
4. The question whether the offence of money laundering under Section 3 of the P
Vijay Mandalal Chaudharay and Others v. Union of India & Ors.
The Prevention of Money-Laundering Act applies to ongoing money laundering activities, allowing prosecution regardless of when the predicate offence occurred, without violating constitutional protect....
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 continuing offence, applicable irrespective of when the predicate offence occurred, and requires thorough judicial scrutiny.
The offence of money laundering under PMLA is a continuing offence, and its applicability is not dependent on the date of the predicate offence but on the existence of proceeds of crime.
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
The PMLA's constitutional validity was upheld, and the court clarified the distinct nature of offences under ULA(P) Act and the PMLA, rejecting the claim of double jeopardy.
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.
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....
Money laundering proceedings can continue even if the predicate offence is quashed against one accused, as long as allegations and requisite material exist against others involved.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
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