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S. M. SUBRAMANIAM, M. JOTHIRAMAN
R. Subramanian – Appellant
Versus
Deputy Director Directorate of Enforcement – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash the PAO No.11/2018 dated 31.12.2018 passed by the 1st respondent in ECIR/CEZO/8/2014 on the file of 2nd respondent.
Under assail in the present Criminal Original Petition is the Provisional Attachment Order dated 13.12.2018 issued by the Competent Authority of Directorate of Enforcement.
2. The petitioner, appearing in person, is an accused in a money laundering case. Admittedly, ECIR/CEZO/8/2014 was registered by the Directorate of Enforcement and launched an investigation under the provisions of Prevention of Money Laundering Act, 2002 (hereinafter referred as 'PMLA' for brevity). The scheduled offence was registered by the Central Bureau of Investigation (CBI) (BS&FC), Bangalore, in FIR No.18 of 2013 dated 26.07.2013, alleging an offence under Section 420 of Indian Penal Code (IPC). On completion of investigation, a complaint under Section 45 of PMLA, read with Sections 3 and 4 has been filed before the Court concerned.
3. The petitioner challenged the Provisional Attachment Order No.11 of 2018 dated 31.12.2018 issued by the Deputy Director, Dir
The definition of 'proceeds of crime' under PMLA is broad enough to include properties acquired before the investigation, affirming the authority's jurisdiction.
Properties acquired prior to the commission of a predicate offence cannot be attached under the Prevention of Money-Laundering Act, as they do not constitute proceeds of crime.
The court upheld the necessity of exhausting statutory remedies under the Prevention of Money Laundering Act before invoking writ jurisdiction, affirming that 'proceeds of crime' includes property in....
The main legal principle established is that properties to be proceeded against under PMLA must be connected to the criminal activity, and ex facie illegal acts can be interfered with under Article 2....
Money Laundering – Provisional Attachment Order – Formation of opinion must bear a proximate and live nexus to purpose of protecting interest of Government revenue.
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