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S. M. SUBRAMANIAM, V. SIVAGNANAM
Gulab Punwani – Appellant
Versus
Assistant Director, Directorate of Enforcement, Government of India, Delhi Zonal Office-II – Respondent
ORDER :
(S.M. Subramaniam, J.)
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records in File No.T-2/ Misc./ 117/ DLZO-II/ 2019 on the files of respondent No.1 and quash the impugned order dated 29.04.2022.)
| Table of Contents I. BRIEF FACTS OF THE CASE II. CONTENTIONS OF THE PETITIONER III. REPLY BY THE RESPONDENTS IV. DISCUSSIONS V. PROCEEDINGS UNDER THE PMLA VI. CONTRACTING STATE UNDER PMLA VII. EFFECTS OF CORRUPTION IN THE ECONOMY OF A COUNTRY VIII. CONCLUSION |
Under assail in the present Writ Petition is the order passed by the Directorate of Enforcement Government of India under Section 17(1A) of the Prevention of Money Laundering Act, 2002 (herein after referred as PMLA).
I. BRIEF FACTS OF THE CASE:
2. Central Authority of India (MHA), Government of India, received a Letter of Request (LoR) dated 12.11.2018 from the Central Authority of Brazil (Office of the Prosecutor General of the State of Rio de Janeiro, through Federal Prosecutors) addressed to the Ce
The absence of a government notification under Section 56 of PMLA does not invalidate enforcement actions, and ECIR is not mandatory for executing a letter of request from a contracting state.
The Supreme Court reaffirmed that allegations of corruption inherently establish proceeds of crime, allowing the ED to initiate investigations under the Prevention of Money Laundering Act, despite pr....
Point of Law : Whenever letters of request are received from any contracting states, the ED ought to follow due process, as per the domestic law, in line with the spirit of the Merida and the Palermo....
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.
Section 8 of the PML Act would come into play once the action is taken under Section 17. Sub-section (1) of Section 8 provides that on receipt of complaint, inter alia, under sub-section (4) of Secti....
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
Court cannot direct ED to register ECIR solely based on predicate offence; requires ED's independent satisfaction of proceeds of crime under PML Act.
Courts cannot direct ED to register ECIR under PML Act solely on predicate offence; ED acts on own satisfaction of proceeds of crime.
Point of Law - definition of corresponding law inserted by Act 2 of 2013 cannot be used in aid of interpreting the expression ‘corresponding law’ or ‘the relevant provisions of the corresponding law’....
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
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