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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
Directorate of Enforcement, Ranchi – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. jurisdiction of high court over vigilance case (Para 1) |
| 2. factual background of money laundering case (Para 6) |
| 3. arguments regarding application of pmla (Para 7 , 12 , 14 , 26) |
| 4. money laundering defined under pmla (Para 29 , 46 , 49 , 61 , 75) |
| 5. relationship of bribery to predicate offences (Para 30) |
| 6. jurisdiction and authority of courts under pmla (Para 39 , 44) |
| 7. judgment allows appeal and quashes previous order (Para 84 , 86 , 87) |
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant criminal revision under Section 438 and 442 of B.N.S.S. (Bhartiya Nagarik Suraksha Sanhita), 2023 is directed against the order dated 12.08.2024 passed in Vigilance Case No. 01 of 2020 arising out of ACB Jamshedpur PS Case No.13 of 2019 by the learned Court, Special Judge, A.C.B., West Singhbhum at Chaibasa whereby and whereunder the petition filed under section 44(1) (c) of PML Act for committing the case relating to the scheduled offence to the learned Court of Special Judge, CBI-cum-Special Judge under PMLA, Ranchi has been rejected.
2. At the outset it needs to refer herein that vide order dated 13.12.2024 this Court while taking into consideration the adjournment sought by the opp
The trial for scheduled offences and money laundering offences must occur in a Special Court as outlined in Section 44(1) of PMLA, reflecting legislative intent for concurrent trials.
The court affirmed that under Section 44(1)(c) of the PMLA, the Special Court is designated to try both scheduled offences and money laundering offences, emphasizing legislative intent for discretion....
Under the governing legislation, a tribunal handling a predicate offence is statutorily mandated to transfer the matter to the designated special tribunal upon application by the investigating author....
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 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.
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
(1) Trial of scheduled offence should take place in Special Court which has taken cognizance of offence of money-laundering.(2) Issue of territorial jurisdiction cannot be decided in a writ petition.
The court ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
(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 ....
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