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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Hon'ble Subhash Vidyarthi,J.
Vishnu Prabhakar – Appellant
Versus
Union Of India Thru. Directorate Of Enforcement – Respondent
| Table of Content |
|---|
| 1. factual background of the case and proceedings. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding the definition of money laundering under pmla. (Para 9 , 10 , 11) |
| 3. court's analysis of the legal definitions and applicability of pmla. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 20 , 21 , 22) |
| 4. court's conclusion on the lack of evidence for money laundering against the applicant. (Para 19 , 23) |
| 5. final order quashing the proceedings against the applicant. (Para 25) |
JUDGMENT :
(Subhash Vidyarthi, J.)
1. Heard Sri Purnendu Chakravarti, Sri Ritvik Rai and Sri Aviral Raj Singh, the learned counsel for the applicant and Sri Kuldeep Srivastava, the learned counsel for the respondent - Directorate of Enforcement (which will hereinafter be referred to as ‘the E.D.’).
2. By means of the instant application filed under Section 4 82 Cr.P.C., the applicant has prayed for quashing of a complaint dated 16.09.2017 filed by the Directorate of Enforcement against the applicant, the cognizance and summoning order dated 02.04.2018 and the entire proceedings of Sessions Case No. 123 of 2023, under Section 3 & 4 of the Prevention of Money Laundering Act, 2002 in the Court of Special Ju
Assisting in the generation of proceeds of crime does not constitute an offence of money laundering under the Prevention of Money Laundering Act without involvement in subsequent activities related t....
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.
Section 3 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence.
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 main legal point established in the judgment is the wide scope of Section 3 of the Prevention of Money-Laundering Act, 2002 to cover all persons involved in any process or activity connected with....
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.
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 ....
The court ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
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