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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Trilochan Mishra – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. hearing of legal representatives (Para 1) |
| 2. legal challenge regarding the discharge order (Para 2 , 3) |
| 3. arguments for discharge based on quashed scheduled offence (Para 4) |
| 4. opposition to petitioners' discharge and claim of independent money laundering (Para 5 , 6) |
| 5. statutory framework of the pmla (Para 7 , 8) |
| 6. nature of money laundering as a standalone crime (Para 9 , 10 , 11) |
| 7. continuity of money laundering offence (Para 12 , 13 , 14) |
| 8. proceeds of crime definition and evidence standards (Para 15 , 16 , 17 , 18) |
| 9. burden of proof in money laundering cases (Para 19 , 20 , 21) |
| 10. rebuttable presumption of money laundering (Para 22 , 23) |
| 11. monetary component not necessary for proceeds of crime (Para 24 , 25) |
| 12. supplementary complaints and evidence enhancement (Para 26 , 27) |
| 13. evaluation of patterns in property transactions related to money laundering (Para 28 , 29 , 30) |
| 14. conclusion on merits remaining for trial (Para 31 , 32) |
| 15. final order on rejected discharge application (Para 33) |
JUDGMENT :
1. Heard learned counsels for both the Parties.
Biranchi Narayan Mishra (hereinafter referred to as “Petitioner No.2”) has also filed CRLMC No.1756 of 2019 assailing
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....
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....
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
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.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
The offence of money laundering under the Prevention of Money Laundering Act, 2002 is an independent offence regarding the process or activity connected with the proceeds of crime, which has nothing ....
Prosecution under the Prevention of Money Laundering Act requires the commission of a scheduled offence as a prerequisite; without it, no offence of money laundering can be established.
Commission of a scheduled offence is essential for establishing money laundering under the Prevention of Money Laundering Act, 2002.
(1) Offence of money laundering is a stand-alone offence and trial proceedings are completely different to that of scheduled offence. Trial of money laundering offence is independent trial and it is ....
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