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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
Gupta Traders – Appellant
Versus
State through Enforcement Directorate, Ranchi through Additional Director – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. Since these matters are interlinked and, as such, these are heard together and being disposed of by this common order/judgment.
2. All these Criminal Revision petitions have been filed under sections 438 & 442 of Bhartiya Nagarik Suraksha Sanhita, 2023.
3. These Criminal Revision petitions are directed against the order dated 21.08.2025 passed by the learned Special Judge, PML Act, Ranchi in connection with ECIR Case No. 08 of 2023 arising out of ECIR/RNZO/09/2022 registered for the offence under Sections 3 punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (in short PMLA,2002) whereby and whereunder, the Miscellaneous Criminal Applications filed by the petitioner seeking discharge, have been rejected.
Factual Matrix
4. The brief facts of the case as per the pleadings made in the instant petitions which requires to be enumerated herein, read as under:
(i) The basis of present ECIR case is following 4 FIR [1. Deoghar Town PS Case No. 342 of 2020 dated 11.07.2020 u/s.419/420/467/468/471/379/427/ 120B/34 of the IPC (Land FIR), 2. Jasidih PS Case No FIR No. 50 of 2020 dated 21.01.2020 u/s. 420/166/463/467/468/471/120B/34 IPC (Land
The PMLA's application is concerned with the ongoing nature of financial misconduct, allowing proceedings even for actions predating its enforcement, where evidence showcases potential 'proceeds of c....
The court upheld the necessity of trial for charges framed under the Prevention of Money Laundering Act, emphasizing that prima facie evidence supports the petitioner’s involvement in fraudulent acti....
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 court affirmed that under the PMLA, indirect involvement in money laundering suffices for prosecution, and the burden of proof rests on the accused to prove their innocence.
A discharge petition under PMLA requires a prima facie case to be established; if such a case exists, the trial must proceed.
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 under the PMLA is a standalone, continuing offence, not dependent on the outcome of related scheduled offences, with a reverse burden of proof on the accused regarding....
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