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MANJARI NEHRU KAUL
Pawan Insaa – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
Mrs. Manjari Nehru Kaul, J. :- Petitioner is seeking the quashing of Enforcement Case Information Report i.e. ECIR/01/CDZO/2018 dated 05.02.2018 being illegal and abuse of process of law in view of the judgment passed by Hon’ble the Supreme Court in Vijay Madanlal Choudhary and others Versus Union of India and others, 2021 SCC OnLine SC 1048, and Parvathi Kollur and another Versus State by Directorate of Enforcement, 2022 LiveLaw (SC) 688, since the petitioner has already been discharged of the predicate offences.
2. Submissions made by learned senior counsel for the petitioner:
2A. Scheduled offences as the basis of ECIR:-
2B. Discharge in scheduled offences by trial Court:-
Section 66(1) of the PMLA prescribes the obligations of Enforcement Directorate (ED) to provide or facilitate the provision of pertinent information to designated government entities when such inform....
Money laundering proceedings under the Prevention of Money Laundering Act cannot be sustained without a validly registered predicate offense; if the predicate offense is quashed, so are the related m....
FIR and ECIR become two different documents and both tend to take shape on its own, independent of each other.
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
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....
(1) Scheduled offences – When predicate offence is not in existence, ED cannot continue its investigation on proceeds of crime emanating out of predicate offence.(2) Power conferred on High Court und....
The court affirmed that actions taken under the Prevention of Money Laundering Act are invalid without a subsisting predicate offense, establishing that quashing of an FIR necessitates the quashing o....
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