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The High Court held that the custody period, that is around 1 year and 7 months, had not progressed to such a stage as would warrant interference merely on the ground of the period of incarceration already suffered by the petitioner.
The petitioner is a former Minister of the Government of West Bengal and former Vice-Chairman of South Dum Dum Municipality. The proceedings arose out of an alleged municipal recruitment scam in West Bengal.
Punjab and Haryana High Court applied the twin conditions under Section 45 PMLA and the triple test for bail, finding no reasonable grounds at this stage to believe that the developer was not guilty of money laundering.
Nine recent High Court rulings on economic offences, spanning ED and CBI jurisdiction, PMLA bail, disproportionate assets, and mandatory approvals under the PC Act, rounded up from SCC’s High Court Cases (HCC).
The respondent stated the petition is premature since ED already filed proper applications about search, seizure, and property attachment. Therefore, the Court stated that petitioner can raise all objections, including legality, before the adjudicating authority under PMLA.
“The audio clip and letter found, alleged coercion of ED officers to implicated CM Pinarayi Vijayan and other political leaders in a case involving seizure of 30 kg of gold worth Rs 14.82 crore at the Thiruvananthapuram International Airport on 06-07-2020, which was allegedly marked as ‘Diplomatic Baggage’ and was being sent to the UAE Consulate.”
“Multiple fora, including the Delhi Police, Gurugram Police, and the Delhi High Court, have found him lacking locus and credibility. His petitions have been dismissed with costs, and the Bar Council of India has directed removal of his name from the Roll of Advocates.”
Explore latest cases reported in SCC’S High Court Cases (HCC) on matter related to the Prevention of Money Laundering Act, 2002 and the Prevention of Corruption Act, 1988 covering critical issues related to power of authorities regarding summons, Bail, Sanction for prosecution, Grounds of Incomplete investigation, Interpretation of “reasonable grounds for believing” under S. 45 PMLA, and more.
In the case at hand, Dharam Singh Chhoker, the former Haryana MLA was accused of siphoning off home buyer’s money and on ED’s application, six non-bailable warrants were issued against him, but he could not be arrested.
“A business failure could not lead to an assumption of commission of the offence of cheating, as the primary ingredient for such an offence was a dishonest or fraudulent intention from the very beginning.”
“The criminal misconduct attributed to the accused represents a grave breach of duty that is both disconcerting and intolerable in the public sphere.”
by Divyangna Malik*, Rahul Suresh** and Sankalp Tewari***
“A professional group like Karvy cannot abdicate its responsibility to ensure genuine transactions. The failure to exercise due diligence with respect to the work facilitated the key operators to earn huge profits out of the mala fide allotment of shares of the two entities i.e., Yes Bank Ltd. and IDFC in their IPO subscription.”
Hearing an appeal filed by co-accused Mihir Bhansali’s wife, the Tribunal stated that PMLA, 2002 entitles the attachment of proceeds of crime which are either generated as a result of criminal activity relating to a scheduled offence, or, equivalent value, or, where such proceeds of crime is taken, or, held outside the country.
“Mere absence of due diligence, even if assumed for arguments sake, does not amount to the commission or omission of an offence under Section 3 of the PMLA, 2002.”
by C. George Thomas* and Ansh Mittal**
“This court, therefore, hopes and trusts that the investigating officer will carry out the investigation in a proper and fair manner as expected from him being the officer of the police force.”
The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.
“Though the Constitutional Courts are the sentinels of justice, however, this power of judicial review is required to be exercised with due care and caution and interference at the stage of investigation is made in rare and exceptional cases.”