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2024 Supreme(Mad) 241

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
Pay Perform India Private Limited, Represented by its Director Srinivasa Vijayaraghavan – Appellant
Versus
Union of India, Ministry of Finance, Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.R. Raghunathan for Mr. Manjunath Karthikeyan.
For the Respondents: Mr. A.R.L. Sundaresan, Add. Solicitor General of India Assisted by Mr. N. Ramesh, Spl. P.P.

ORDER :

(D. Bharatha Chakravarthy, J.)

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, to declare that Sections 6 (2), Section 6 (3) (a) (ii) and Section 6 (5) (b) of the Prevention of Money Laundering Act, 2002, are unconstitutional for violating Article 14 of the Constitution of India.)

A. The Writ Petition :

This Writ Petition is filed to declare that the Sections 6 (2), 6 (3)(a)(ii) and 6 (5)(b) of the Prevention of Money Laundering Act, 2002 (Act No. 150 of 2003) as unconstitutional for violating Article 14 of the Constitution of India.

B. The Brief Facts:

2. The facts in brief are that a case in Cr. No.3 of 2021 was registered on the file of the Cyber Crime Police Station, Kohima, Nagaland for the alleged offenses under Sections 420, 120B of Indian Penal Code, 1860 read with Section 66 (D) of the Information Technology Act, 2000. The gist of allegations in the above case is that HPZ token, an application based token promised users, of large gains against investment by investing in mining machines for Bitcoin and other crypto currencies. The investors were assured that their invested money was being used to buy

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