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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K.V.JAYAKUMAR
Abdul Rasheed @ DR.A.R.Babu S/O Aliyaru Kunju – Appellant
Versus
Deputy Director Directorate Of Enforcement – Respondent
| Table of Content |
|---|
| 1. appeals against common judgment regarding pmla. (Para 1 , 2) |
| 2. details of allegations and facts regarding the loan and properties. (Para 3 , 4 , 5) |
| 3. arguments about the legality of asset attachment and jurisdiction. (Para 6 , 7) |
| 4. court's observations on alternative remedies under pmla. (Para 8 , 9) |
| 5. procedural requirements for filing appeals under pmla. (Para 10 , 11) |
| 6. court's reaffirmation of jurisdiction over statutory remedies. (Para 12 , 13) |
| 7. definition and extent of 'proceeds of crime' under pmla. (Para 16 , 17) |
| 8. attachment provisions under pmla. (Para 19 , 20) |
| 9. interpretation of value and property under pmla. (Para 21 , 22 , 23) |
| 10. consideration of provisional attachment for asset recovery. (Para 24 , 25 , 26) |
| 11. final adjudication affirming the interpretation of statutory provisions. (Para 27 , 28 , 29 , 30) |
JUDGMENT :
Raja Vijayaraghavan V, J.
1. These appeals have been preferred against the common judgment dated 07.07.2025 passed by the learned Single Judge of this Court in W.P.(Crl) Nos. 48, 124 and 151 of 2025. The above petitions were preferred by the petitioners challenging the orders passed by the competent authority under section 8 of the Preve
The court upheld the necessity of exhausting statutory remedies under the Prevention of Money Laundering Act before invoking writ jurisdiction, affirming that 'proceeds of crime' includes property in....
Property can only be attached as proceeds of crime if there is a demonstrated nexus to a scheduled offence. Assets acquired prior to the commission of the offence generally fall outside this definiti....
Properties acquired prior to the commission of a predicate offence cannot be attached under the Prevention of Money-Laundering Act, as they do not constitute proceeds of crime.
The definition of 'Proceeds of Crime' in PMLA encompasses properties with equivalent value, permitting attachment even if acquired prior to the commission of the scheduled offence.
Money Laundering – Provisional Attachment Order – Formation of opinion must bear a proximate and live nexus to purpose of protecting interest of Government revenue.
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