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2017 Supreme(Sikk) 22

MEENAKSHI MADAN RAI
Usha Agarwal, W/o Shri Ashok Agarwala – Appellant
Versus
Union of India through the Secretary, Ministry of Finance, Department of Revenue, Government of India, New Delhi – Respondent


Advocate Appeared:
For the Petitioner:Mr. Shakeel Ahmed and Mr. Yogesh Kumar Sharma, Advocates.
For the Respondent:Mr. Karma Thinlay, Central Government Counsel with Mr. Thinlay Dorjee Bhutia, Advocate.

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. This Writ Petition under Articles 226/227 of the Constitution of India, challenges the constitutional validity and legality of the provisions of Sections 2(u), 3, 4, 5, 8, 13, 24, 45 and 50 of the Prevention of Money-Laundering Act, 2002 (for brevity “the Act”). The prayer that follows is that, the provisions be declared ultra vires, illegal, unconstitutional and violative of the fundamental rights of citizens, especially Article 14 and Articles 19 to 22 of the Constitution of India. A further prayer is made for quashing the Enforcement Case Information Report (ECIR), lodged against the Petitioner on 19-02-2014.

2. Although mindful that the Act is a path breaking enactment, based on the United Nations Resolutions to globally root out the use of illegal money, acquired via trade in drugs, illegal armaments, acts of terror and misuse of public office and is therefore, the need of the hour, the Petitioner is aggrieved by the indiscriminate application of the provisions of the Act at the whims and fancies of the Officers of the Respondent No.3, who it is alleged, in the absence of a mechanism of proper checks and balances is clothed with unbridled pow


































































































































































































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