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Prevention of money laundering act, 2002

PRADEEP NIRANKARNATH SHARMA versus DIRECTORATE OF ENFORCEMENT & ANR.

The offence of money laundering under the PMLA is a continuing and independent offence; on the material before the Trial Court and High Court there was prima facie evidence that the appellant remained involved in transactions connected with proceeds of crime and the aggregated proceeds exceeded the statutory threshold, and therefore refusal to discharge and continuation of trial were justified; thus the appellate Court will not interfere at the pre‑trial stage.

Source excerpt

  • Continuing offence
  • Retrospective application
  • Discharge under section 227 crpc
  • Statutory monetary threshold
  • Predicate offences
  • Judicial intervention at preliminary stage
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Criminal law

MANIK MADHUKAR SARVE & ORS. versus VITTHAL DAMUJI MEHER & ORS.

The Single Judge of the High Court erred in granting bail to respondent no.1 because the charge-sheet and forensic audit disclosed material indicating respondent's involvement in withdrawals far exceeding his investments and a money trail to properties in relatives' names; the High Court failed to apply the correct principles and to impose strict conditions appropriate to an economic offence affecting many depositors, therefore the bail order under Section 439(1) CrPC was set aside and respondent no.1 was directed to surrender within three weeks.

Source excerpt

  • Bail
  • Cancellation of bail
  • Misappropriation of funds
  • Conspiracy
  • Tampering with evidence
  • Supervening circumstances
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Prevention of money laundering act, 2002

THE DIRECTORATE OF ENFORCEMENT versus M. GOPAL REDDY & ANR

Where an inquiry or investigation under the Prevention of Money Laundering Act, 2002 is pending in relation to scheduled offences, the rigour and underlying principles of Section 45 PMLA apply to anticipatory bail applications under Section 438 CrPC; consequently the High Court's grant of anticipatory bail without applying Section 45 and without adequately considering the seriousness of alleged money laundering was unsustainable and is set aside.

Source excerpt

  • Anticipatory bail
  • Section 45 pmla applicability
  • Section 438 crpc
  • Investigation and custodial interrogation
  • Predicate offence
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Criminal law

P. CHIDAMBARAM versus DIRECTORATE OF ENFORCEMENT

Appellant has already undergone substantial custodial interrogation, is not a flight risk, there is no likelihood of tampering evidence or influencing witnesses, other co-accused granted bail, appellant's health considered, and continued custody not justified. Bail is granted; the gravity of the economic offence is not, by itself, a ground to deny bail where triple test is satisfied and no statutory bar exists.

Source excerpt

  • Bail in economic offence
  • Custodial interrogation
  • Flight risk
  • Tampering evidence
  • Fair trial
  • Grant of bail under s.439 crpc
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Criminal law

P. CHIDAMBARAM versus DIRECTORATE OF ENFORCEMENT

Grant of anticipatory bail at early stage may frustrate investigation, particularly in economic offences like money laundering; investigating agency must be given sufficient freedom; anticipatory bail is not warranted in this case due to stage and nature of allegations.

Source excerpt

  • Anticipatory bail
  • Money laundering
  • Custodial interrogation
  • Judicial interference in investigation
  • Personal liberty under article 21
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Criminal law

UNION OF INDIA 2. JOINT SECRETARY (COFEPOSA), GOVT. OF INDIA, MINISTRY OF FINANCE versus DIMPLE HAPPY DHAKAD

Statutory requirements for serving grounds and documents under Section 3(3) COFEPOSA were complied with, and the detaining authority’s subjective satisfaction as to the likelihood of release and propensity for prejudicial activities, based on material, was sufficient. The High Court erred in quashing the detention orders for non-supply of documents pari passu and for not expressly recording satisfaction as to the likelihood of release, as neither Indian statute nor binding judicial precedent mandates such explicit recording.

Source excerpt

  • Cofeposa
  • Smuggling
  • Detention orders
  • Procedural safeguards
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Criminal law

STATE OF GUJARAT versus AFROZ MOHAMMED HASANFATTA

The order of the Magistrate taking cognizance of offence based on the second supplementary charge sheet and issuing process to the respondent was justified, as there were sufficient grounds for proceeding and it was not necessary to explicitly record reasons. The High Court erred by examining merits at this nascent stage and interfering with the Magistrate's satisfaction.

Source excerpt

  • Cognizance of offence
  • Issue of process
  • Revisional jurisdiction
  • Cheating
  • Forgery
  • Conspiracy
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Criminal law

VIJAY MALLYA versus ENFORCEMENT DIRECTORATE, MIN. OF FINANCE

The appeal is dismissed because the appellant deliberately failed to comply with lawfully issued summons under section 40 of the FERA, 1973. The criminal liability for non-compliance is independent of and not affected by the dropping of departmental proceedings or repeal of the Act. The approach adopted by the appellant was a sheer abuse of the process of law.

Source excerpt

  • Enforcement of summons
  • Foreign exchange regulation act compliance
  • Quashing of criminal proceedings
  • Abuse of process
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Criminal law

Y.S. JAGAN MOHAN REDDY versus CENTRAL BUREAU OF INVESTIGATION

The release of the appellant at the current stage of investigation would hamper the investigation as it may influence witnesses or tamper with material evidence. Economic offences must be treated with special seriousness and bail can be reconsidered after completion of investigation and filing of charge sheets.

Source excerpt

  • Factors for grant of bail
  • Economic offences and bail
  • Cbi investigation
  • Prevention of corruption act offences
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Criminal law

RADHEYSHYAM KEJRIWAL versus STATE OF WEST BENGAL AND ANR.

Where allegations in adjudication proceedings and prosecution are identical, and exoneration in adjudication was on merits with a categorical finding of no contravention, continuation of criminal prosecution is abuse of process and is unjust.

Source excerpt

  • Foreign exchange regulation
  • Adjudication vs prosecution
  • Abuse of process
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.