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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI, J
Hilal Ahmad Mir S/o Sona Ul Lah Mir – Appellant
Versus
Directorate Of Enforcement Dy. Director – Respondent
JUDGMENT :
1. The issues involved in the instant petitions are akin and analogous to each other and are taken up hereunder for final disposal at this stage with the consent of learned counsel for the parties.
2. Before proceeding to advert to the issues involved in the petition, the brief facts in context of issues involved are briefly detailed hereunder:
A. CRM(M) No. 484/2024.
(i) The petitioners herein are stated to have been working as Chairman and Secretary of a registered Co-operative Society, namely, River Jehlum Co-operative House Building Society (for short "the Society‟), which Society had proposed to develop a satellite township at Shivpora, Srinagar on a big plot of land that was identified by the Society for the said purpose and the said land was proposed to be purchased by the Society from its land owners for the development of the said township.
(ii) In furtherance of the aforesaid proposal, petitioner 1 herein claims to have approached the Jammu and Kashmir State Co-operative Bank (for short "the Bank‟) for grant of financial assistance by way of loan of Rs. 300 crores in favour of the Society for enabling it to acquire the identified land from its owners and its subsequ
The absence of 'proceeds of crime' negates the charge of money-laundering under the Prevention of Money-Laundering Act, 2002.
Money laundering charges under PMLA require clear evidence linking individuals to a scheduled offence, which was absent in the petitioners' case, leading to quashing of proceedings.
Bail application – For sake of consideration of grant or non-grant of bail, exercise in name of application of judicial mind to be done by Court has to be stretched or restricted only to prima facie ....
The court emphasized the need for prima facie evidence and considered the specific provisions of the Prevention of Money Laundering Act, 2002, in granting bail to the petitioner.
Discharge denied in PMLA case as scheduled offences pending via protest petitions/remand; prima facie case from money trail suffices at discharge without mini-trial; beneficial ownership extends liab....
PMLA proceedings against new accused via supplementary complaint need no pre-cognizance hearing under BNSS Section 223 if original cognizance pre-exists; money laundering offence independent, prosecu....
Without a predicate offense, proceedings under the Prevention of Money Laundering Act cannot be sustained, as established by the Supreme Court.
Possession of properties linked to proceeds of crime creates a presumption of money-laundering, placing the burden of proof on the accused to establish the legitimacy of such assets.
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 ....
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