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Prevention of money laundering act, 2002

THE UNION OF INDIA THROUGH THE ASSISTANT DIRECTOR versus KANHAIYA PRASAD

The High Court's grant of bail was set aside because it failed to comply with the mandatory twin conditions of Section 45 PMLA and did not record satisfaction that there were reasonable grounds to believe the accused was not guilty and would not commit an offence while on bail; consequently the order was unsustainable and the matter was remanded for fresh consideration.

Source excerpt

  • Money laundering
  • Bail
  • Twin conditions of bail
  • Proceeds of crime
  • Predicate offence
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Prevention of money laundering act, 2002

PARTHA CHATTERJEE versus DIRECTORATE OF ENFORCEMENT

Balancing the appellant’s right to liberty against the gravity of allegations and risks to the investigation, the Court directed expeditious framing of charges and targeted examination of key or vulnerable prosecution witnesses, and granted conditional bail to the appellant in the ED money‑laundering case (ECIR No. KLZO-11/19/2022) subject to specific timelines and conditions including framing of charges by 31.12.2024, witness examination in January 2025, and release on bail by 01.02.2025 upon furnishing bonds and compliance with conditions.

Source excerpt

  • Bail
  • Undertrial incarceration
  • Money laundering
  • Public corruption
  • Evidence tampering
  • Witness intimidation
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Prevention of money laundering act, 2002

V. SENTHIL BALAJI versus THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT

Because the appellant had been incarcerated for over 15 months and the trials of the predicate scheduled offences (involving over 2000 accused and 600+ witnesses) and the linked PMLA trial were not likely to conclude within a reasonable time, continued detention would infringe Article 21; therefore, notwithstanding the higher statutory bail threshold under PMLA, the constitutional courts could grant bail subject to stringent conditions to allay risk of tampering or influencing witnesses.

Source excerpt

  • Bail
  • Speedy trial
  • Article 21 (right to life and personal liberty)
  • Money laundering
  • Predicate offences
  • Delay in trial
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Prevention of money laundering act, 2002

SATYENDAR KUMAR JAIN versus DIRECTORATE OF ENFORCEMENT

Appellants failed to satisfy the mandatory twin conditions of Section 45 PMLA; there is sufficient prima facie material (including statements under Section 50, documents, and prior Income Tax/High Court findings) to show they are prima facie guilty of offences under Section 3 PMLA; IDS declarations held void do not eliminate their probative value for the PMLA case; consequently bail was rightly denied.

Source excerpt

  • Bail
  • Money laundering
  • Accommodation entries
  • Undisclosed income
  • Proceeds of crime
  • Beneficial owner
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Prevention of money laundering act, 2002

TARUN KUMAR versus ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT

The appeal is dismissed because the appellant failed to satisfy the mandatory twin conditions of Section 45 PMLA; prima facie evidence comprising statements under Section 50 PMLA and documentary material showed the appellant's deliberate involvement in processes connected with proceeds of crime under Section 3 PMLA, parity with other co-accused was inapplicable on the facts, and the court must ensure speedy trial though continued detention was justified on the material on record.

Source excerpt

  • Bail
  • Money laundering
  • Economic offences
  • Parity in grant of bail
  • Speedy trial
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Prevention of money laundering act, 2002

MANISH SISODIA versus CENTRAL BUREAU OF INVESTIGATION

On tentative consideration under the framework of Vijay Madanlal Choudhary and on the material placed by the prosecution, the court was not inclined to grant bail. There was at least one clear ground/charge supported tentatively by material: during about ten months of the new excise policy wholesale distributors purportedly earned Rs.581 crore as fixed fee, one-time licence fees from 14 distributors were about Rs.70 crore, and the asserted excess 7% profit (claimed as Rs.338 crore) together with the licence fees were alleged to constitute proceeds of crime and to support offences under the PM…

Source excerpt

  • Bail
  • Money laundering
  • Proceeds of crime
  • Possession (constructive possession)
  • Speedy trial
  • Public servant bribery
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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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Constitutional law

BIKRAM CHATTERJI & ORS versus UNION OF INDIA & ORS.

Fraudulent diversion of funds by the builder vitiates contracts and mortgage transactions under RERA and lease deeds. Public authorities failed statutory duties and breached public trust. Registration of builder companies under RERA and lease deeds are cancelled; home buyers' interests protected; property rights vest in Court Receiver; completion handed to NBCC.

Source excerpt

  • Rera registration cancellation
  • Lease deed cancellation
  • Public trust doctrine
  • Fraud vitiates
  • Money laundering
  • Forensic audit
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Constitutional law

MANOHAR LAL SHARMA versus CENTRAL BUREAU OF INVESTIGATION & ORS.

Since a SIT constituted under directions of the Supreme Court is already seized of the matters relating to black money and its terms of reference cover the issues raised in the petition, and an official Multi Agency Group is investigating the Panama Papers with status reports to the SIT, no further directions or intervention by the Court are necessary.

Source excerpt

  • Tax evasion
  • Money laundering
  • Offshore bank accounts
  • Public interest litigation
  • Regulation of securities market
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Criminal law

GAUTAM KUNDU versus MANOJ KUMAR ASSISTANT DIRECTOR, EASTERN REGION, DIRECTORATE OF ENFORCEMENT(PREVENTION OF MONEY LAUNDERING ACT) GOVT. OF INDIA

PMLA conditions for grant of bail under Section 45 have overriding effect on general bail provisions under Section 439 Cr.P.C.; Section 24 of SEBI Act is a scheduled offence under PMLA; High Court was correct in rejecting bail as conditions for bail were not satisfied and no competent court has held that no offence is made out under Section 24 SEBI Act.

Source excerpt

  • Bail
  • Money laundering
  • Scheduled offence
  • Sebi act
  • Pmla
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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.