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SUBHASH VIDYARTHI
Gayatri Prasad Prajapati – Appellant
Versus
Directorate Of Enforcement Thru. Representative Assistant Director Lko. – Respondent
JUDGMENT :
1. Heard Sri Malay Prasad, Ms. Saloni Mathur, Ms. Tanya Makkar, Sri Piyush Kumar Shukla and Sri. Kaustubh Singh Advocates for the applicant and Sri Kuldeep Srivastava, the learned counsel representing the respondent - Directorate of Enforcement (hereinafter referred to as ‘E.D.’).
2. By means of the instant application filed under Section 482 of the Criminal Procedure Code, the applicant has challenged validity of the order dated 22.12.2022 passed by the Sessions Judge/Special Judge, Prevention of Money Laundering Act, Lucknow in Sessions Case No. 1220/2021, rejecting the application for discharge filed by the applicant. The applicant has also assailed another order passed in the aforesaid case on the same date framing charge of commission of offence under Section 3 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA’) against the applicant.
3. Briefly stated, facts of the case are that on 26.11.2020, an Inspector in the U. P. Vigilance Establishment filed a First Information Report (F.I.R.) No. 0003 of 2020 under Sections 13 (2) and 13 (1) (b) of the Prevention of Corruption Act 1988, Police Station Lucknow Sector, Vigilance Establishment, aga
The main legal point established in the judgment is the requirement for prosecution under PMLA, emphasizing the conditions for initiating proceedings under PMLA and the essential elements of the offe....
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 ....
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
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 court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
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