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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
Neeharika Singh – Appellant
Versus
Directorate Of Enforcement Lko. Zonal Office Lko. – Respondent
Hon’ble Subhash Vidyarthi J.
1. Heard Sri Tushar Agarwal and Sri Aishwarya Pratap Singh, learned counsel for the applicant and Shri Rohit Tripathi, the learned counsel for the respondent- Directorate of Enforcement.
2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has challenged validity of cognizance and summoning order dated 24.10.2024 passed by the learned Special Judge, Anti Corruption/PMLA, (CBI-West), Lucknow in Session Case No. 2578/2024, the prosecution complaint filed in ECIR/LKZO/12/2021 and all consequential proceedings in the aforesaid case.
3. Briefly stated, facts of the case are that police has registered many FIRs against several persons for offences under Sections 120-B, 323, 406, 409, 419, 420, 467, 468, 470, 471, 504, 506, 505(1)(B) I.P.C. between 21.02.2020 and 26.10.2020 alleging that M/s. Anee Bullion Traders, Anee Commodity Brokers Pvt. Ltd., Eye Vision India Credit Co-operative Society Ltd., Anee Bullion Industries Pvt. Ltd. etc had propelled many ponzi schemes in various places of Uttar Pradesh and lured the investors to invest money in the Companies under allurement of lucrative returns. Post dated cheques were issued to t
Money laundering is a standalone offence under PMLA, independent of scheduled offences; involvement in proceeds of crime can lead to prosecution even if not charged with the underlying crime.
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.
(1) Offence of money laundering – Existence of proceeds of crime is sine qua non for offence under Section 3 of PMLA – Condition precedent for existence of proceeds of crime is existence of a schedul....
Commission of a scheduled offence is essential for establishing money laundering under the Prevention of Money Laundering Act, 2002.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
Prosecution under the Prevention of Money Laundering Act requires the commission of a scheduled offence as a prerequisite; without it, no offence of money laundering can be established.
Possession of proceeds of crime infers necessary knowledge for prosecution under the Prevention of Money Laundering Act, regardless of whether the individual is charged in underlying predicate offenc....
Without a predicate offense, proceedings under the Prevention of Money Laundering Act cannot be sustained, as established by the Supreme Court.
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 offence of money laundering is independent of the scheduled offence trials, and the trial under PMLA continues irrespective of pending proceedings related to scheduled offences.
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