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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
K. Badri Narayan Patro – Appellant
Versus
Tapamoy Bhattacharjee – Respondent
| Table of Content |
|---|
| 1. legal background of the case (Para 1 , 2) |
| 2. arguments presented by the petitioners (Para 3 , 4) |
| 3. court's analysis on discharge application (Para 5 , 6 , 7 , 8 , 9) |
| 4. interpretation of section 197 cr.p.c. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. need for trial based on evidence (Para 16) |
| 6. final decision and dismissal of the case (Para 17 , 18) |
Judgment
1. The legality, propriety, and correctness of the order dated 02.09.2023 passed by the learned Addl. Sessions Judge-cum- Special Judge, C.B.I.-I, Bhubaneswar in Crl. Misc. (PMLA) Case No.06 of 2015, has been called in question in this revision. The Petitioners herein are Sri K. Badri Narayan Patro and Smt. Puspanjali Patro.
3. Mr. U. C. Patnaik, learned counsel appearing for the Petitioners, submitted that the Petitioners have been falsely implicated in the alleged offence under the Prevention of Money Laundering Act, 2002 (PMLA). It was contended that there is no material to demonstrate the existence of “proceeds of crime” within the meaning of Section 2(1)(u) of the Act, nor any act of concealment, possession, acquisition, or use thereof so as to attract the provisions of the PMLA. In absence of such foundational fact
The PMLA's application is concerned with the ongoing nature of financial misconduct, allowing proceedings even for actions predating its enforcement, where evidence showcases potential 'proceeds of c....
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 ....
The court affirmed that under the PMLA, indirect involvement in money laundering suffices for prosecution, and the burden of proof rests on the accused to prove their innocence.
The offence of money laundering under the PMLA is a continuing offence, applicable irrespective of when the predicate offence occurred, and requires thorough judicial scrutiny.
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.
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....
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