Back
ARUN PALLI, VIKRAM AGGARWAL
Sikandar Singh – Appellant
Versus
Directorate of Enforcement – Respondent
Judgment
Mr. Vikram Aggarwal, J.
CRM-47079-2023 , CRM-47080-2023 & CRM-47985-2023 in CRM-M-51250-2023 and
CRM-35285-2023 CRM-35305-2023 CRM-35308-2023 CRM-48105-2023 in CRM-M-37710-2023
Since the main petitions are being decided, the present applications have been rendered infructuous and are disposed of as such.
CRM-M-51250-2023 & CRM-M-37710-2023
1. The instant petitions shall be decided by way of a common judgment as the relief sought in both the petitions is identical. The petitioners have knocked the doors of this Court praying for the following substantive relief:-
1. Quash the ECIR/GNZO/20/2021 and all consequential proceedings arising therefrom as the same does not sustain the test of law, equity or justice in the sake of the Orders dated 05.07.2023 (Annexure P-13) passed by this Hon’ble Court in CRM-M No.3823 of 2021 thereby setting at naught the directions issued by the Chief Judicial Magistrate, Gurugram on 07.01.2021 in exercise of jurisdiction under Section 156 (3) Cr.P.C. for the registration of FIR (scheduled/predicate offence in the present case) and thereby rendering the said FIR No.11 dated 14.01.2021 (Annexure P-10) under Section 406, 420, 467, 468, 471, 120-B IPC, 1860
The court upheld the validity of the ECIR independent of the FIRs, affirming that non-bailable warrants were justified due to the petitioners' non-cooperation in the investigation.
The presence of a scheduled offence legitimizes the existence of an ECIR and allows the department to continue the investigation. However, the settlement or quashing of scheduled offences in FIRs pro....
Anticipatory bail under the PMLA requires clear evidence that the accused is not guilty and unlikely to commit further offences, which was not demonstrated in this case.
A predicate offence must exist for PMLA investigations to proceed; if proceedings are stayed, then related investigations, including ECIR and NBWs, must also desist.
The regulatory authority possesses the power to initiate independent inquiries into proceeds of crime. An internal investigative document is not a statutory requirement, and the registration of a pre....
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
The Prevention of Money Laundering Act proceedings cannot survive if the predicate offences linked to them are closed by the court, indicating the non-existence of 'proceeds of crime'.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
