SANJAY DHAR
Irshad Ahmad Qureshi – Appellant
Versus
State Of J&K – Respondent
JUDGMENT :
1) By this common judgment, afore-titled three writ petitions filed by the petitioners, are proposed to be disposed of.
2) By virtue of writ petition bearing OWP No.757/2018, the petitioners have challenged the provisions contained in Prevention of Money-Laundering Act, 2002 (hereinafter referred to as “the PMLA”). Challenge has also been thrown to proceedings initiated against the petitioners pursuant to ECIR/01/SRZO/2011 dated 29.04.2011, which are stated to be pending before the Designated Court.
3) In OWP No.820/2017, the petitioners have challenged the proceedings initiated against them pursuant to ECIR/01/SRZO/2011 dated 29.02.2011, as also the aforesaid ECIR.
4) Vide writ petition (OWP) No.1194/2011, the petitioners have challenged the order of summoning issued by respondent No.4-Director of Enforcement, against them with a further direction for restraining the respondents from interfering in the cases already investigated and prosecuted by the J&K Police.
5) It appears that the petitioners are facing trial before the Court of 4th Additional Sessions Judge, Srinagar, in a case arising out of FIR No.14/2009 for offences under Section 11, 17, 20 ULA(P) Act and Section 12
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.
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 ....
Prosecution under the Prevention of Money Laundering Act, 2002 is not sustainable without a registered scheduled offence, as established by the Supreme Court in Vijay Madanlal Choudhary.
The Prevention of Money Laundering Act allows for independent trials, and simultaneous trials for PMLA and predicate offences are not mandated by law.
The main legal point established is that the offence under PMLA is distinct and concerns only with the proceeds of crime derived from criminal activity in relation to a scheduled offence. The Court c....
(1) Offence of money laundering is a stand-alone offence and trial proceedings are completely different to that of scheduled offence. Trial of money laundering offence is independent trial and it is ....
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 is independent of the scheduled offence trials, and the trial under PMLA continues irrespective of pending proceedings related to scheduled offences.
Offence of money-laundering - Investigation - Section 45 (1A) mandates that no Police Officer shall investigate into an offence under PMLA unless specifically authorised by a general or special order....
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