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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJEEV KUMAR
Trinity Reinsurance Brokers Ltd. – Appellant
Versus
Enforcement Directorate. Ministry of Finance, Government of India Having its Zonal Office – Respondent
JUDGMENT :
1. In this petition, filed under Article 226 of the Constitution of India. The petitioners essentially pray for a writ of mandamus to direct the respondents to place on record ECIR No. SRZO /03/23, registered against the petitioners and for a writ of certiorari, to quash the said ECIR and all proceedings initiated consequent thereupon.
Brief Facts of the Case: -
2. The petitioner No. 1 is an insurance broker company. The petitioners 2 to 4 are its directors. The petitioner company, as is claimed, is an Insurance Regulatory Development Authority of India (IRDA) approved insurance broker, having its registered office at A-23, Mandakini, Enclave, Alaknanda, New Delhi, and Corporate Office at “Trinity Towers” Noida, (UP). It is submitted that on 15th June, 2017, Government of Jammu and Kashmir, invited tenders from IRDAI, approved insurance brokers for designing and implementation of Group Mediclaim insurance policy for all the State Government employees, including the employees of PSUs/Autonomous Bodies/Local Bodies/Universities etc., and their dependent family members for a period of three years, extendable as per performance.
3. The petitioner company, after having qualified
The absence of a scheduled offence precludes the establishment of money laundering charges under the PMLA, and the issuance of summons under PMLA is valid without the mandatory supply of ECIR.
The presence of a scheduled offence legitimizes the existence of an ECIR and allows the department to continue the investigation. However, the settlement or quashing of scheduled offences in FIRs pro....
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
Mere summons does not constitute a positive action entitling petitioner to question it in a writ petition – Mere charge-sheet or show-cause notice does not give rise to any cause of action.
A predicate offence must exist for PMLA investigations to proceed; if proceedings are stayed, then related investigations, including ECIR and NBWs, must also desist.
The court emphasized the statutory powers of the ED under the Prevention of Money Laundering Act, 2002 and the need for concrete evidence to determine association with proceeds of crime.
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....
The existence of jurisdictional fact is a condition precedent for the exercise of power by a Court of limited jurisdiction. The grant of stay of any particular proceedings would amount to eclipsing t....
FIR and ECIR become two different documents and both tend to take shape on its own, independent of each other.
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