Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
Neeharika Singh – Appellant
Versus
Directorate Of Enforcement Lko. Zonal Office Lko. – Respondent
| Table of Content |
|---|
| 1. allegations of money laundering and involvement in ponzi schemes. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding the applicant's absolution from scheduled offences. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. court's analysis on the independence of money laundering from scheduled offences. (Para 22 , 23 , 24 , 25) |
| 4. conclusion and dismissal of the application. (Para 26 , 27) |
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, 50
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.
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
(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....
PMLA process quashed for absence of nexus between pre-scheduled offence property acquisition (2005-2007) and subsequently generated proceeds of crime (2020-2021); no prima facie material of accused i....
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.
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
