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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
Yash Jalan – Appellant
Versus
Directorate of Enforcement through its Assistant Director – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant criminal miscellaneous petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire criminal proceedings in connection with ECIR Case No.04 of 2022 arising out of ECIR/RNZO/03/2022 including the order taking cognizance dated 17.07.2025 passed by the learned Special Judge, P.M.L. Act, Ranchi, whereby and whereunder, learned Special Judge, has been pleased to take cognizance under Sections 3 and 70 of the PML Act and further directed the office to issue summon against the accused/petitioner.
Factual Matrix
2. The prosecution case, in brief, is that: -
(a) The alarming issue of illegal mining and its impact on the environment in the Sahebganj area has also drawn the attention of the National Green Tribunal (NGT), Principal Bench, New Delhi, as observed in the case of Sayyed Arshad Nasar v. Union of India & others. In this case, damage assessment committee was established and tasked with submitting a comprehensive report encompassing various parameters. Furthermore, the NGT, in an order dated 05.12.2019, explicitly remarked that "it is more than evident that the State machinery and the re
The court ruled that the arrest of the petitioner was unlawful due to insufficient evidence linking him to illegal mining, which is not a scheduled offence under the Prevention of Money Laundering Ac....
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 main legal point established in the judgment is the wide scope of Section 3 of the Prevention of Money-Laundering Act, 2002 to cover all persons involved in any process or activity connected with....
(1) ECIR – Application seeking quashing/stay of proceedings – Commission of scheduled offence is prerequisite and sine-qua-non for initiating investigation under PMLA.(2) Quashing of criminal proceed....
Without a predicate offense, proceedings under the Prevention of Money Laundering Act cannot be sustained, as established by the Supreme Court.
The sufficiency of evidence and compliance with essential elements to constitute an offence under the PMLA Act are crucial in determining the legality of criminal proceedings.
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