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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Md. Intekhab Alam – Appellant
Versus
Assistant Director, Enforcement Directorate, Government of India, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. introduction of the case and allegations (Para 1 , 2 , 3 , 4) |
| 2. arguments for quashing based on absence of predicate offences (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. counterarguments on the independent nature of pmla (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. key legal provisions of pmla relevant to the case (Para 18 , 19 , 20 , 21) |
| 5. interpretation of case law regarding money laundering (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. distinct treatment of individual and corporate liability (Para 29 , 30 , 31) |
| 7. final judgment and order on proceedings (Para 32 , 33 , 34) |
JUDGMENT :
The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) has been filed seeking quashing of the order of cognizance dated 03.12.2020 passed by the learned CBI-I cum-Special Judge (PMLA), Bhubaneswar, now in the Court of the learned Sessions Judge, Khurda at Bhubaneswar, as well as the consequential proceedings pending in Criminal Misc. Case (PMLA) No.16 of 2020.
Sections 201, 379, 420, 120-B of the INDIAN PENAL CODE , 1860 (IPC)
3. Based on the said Charge Sheets being the predicating/ scheduled offence, a complaint under Sections 3 and 45 of the PMLA, 2002 was
The existence of a scheduled offence is essential for sustaining PMLA proceedings; quashing of such offences leads to dismissal of related money laundering charges, but a firm may be prosecuted indep....
Money laundering proceedings can continue even if the predicate offence is quashed against one accused, as long as allegations and requisite material exist against others involved.
The court affirmed that directors can be prosecuted under the Prevention of Money Laundering Act independently of the company's involvement in the complaint, establishing the principle of distinct li....
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....
Without a predicate offense, proceedings under the Prevention of Money Laundering Act cannot be sustained, as established by the Supreme Court.
The offence under the Prevention of Money Laundering Act is a continuing offence; quashing of cognizance against one accused does not extinguish the jurisdiction to proceed against others if the sche....
Possession of proceeds of crime infers necessary knowledge for prosecution under the Prevention of Money Laundering Act, regardless of whether the individual is charged in underlying predicate offenc....
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