Custodial statements under Section 50 PMLA are inadmissible; MP High Court grants bail
“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”
Enforcement Directorate
Not mandatory for PMLA special court to record reasons for cognizance of ED’s Complaint unlike a private complaint under CrPC or BNSS: Delhi High Court
Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively
[Money Laundering] Section 197(1) CrPC applicable to complaint under Section 44(1)(b) of PMLA: SC
The Court pointed out that there is no embargo on considering the plea of absence of sanction, after cognizance is taken by the Special Court of the offences punishable under Section 4 of the PMLA.
‘Adverse remarks against government servants have deleterious impact on their careers’; Delhi HC obliterates adverse observations against ED in Trial Court’s order
‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’
Beyond Borders: Transnational Effect of PMLA on Offences Committed Abroad
by Juvraj Singh Bindra* and Bhawna Lakhina**
In Conversation with Malak Bhatt: Exploring the Dynamics of White-Collar Crime and Insolvency Law
Interviewed by Zoya Ahmad
Improper for Court to grant interim relief in routine situations when a party has been directed to seek relief from High Court: Supreme Court
“When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court.”
Supreme Court grants bail to Bhushan Steel former MD Neeraj Singal in money laundering case
Neeraj Singal was arrested by the Enforcement Directorate on 09-06-2023 in a bank fraud and money laundering case
Commission of scheduled offence is a prerequisite for prosecuting an offence under Prevention of Money Laundering Act: J&K High Court
The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.
Jharkhand High Court grants bail to former CM Hemant Soren in money laundering case involving illegal acquisition of land
The Court stated that overall conspectus of the case based on broad probabilities does not specifically or indirectly assign the petitioner to be involved in the acquisition and possession as well as concealment of 8.86 acres of land at Shanti Nagar connected to the “proceeds of crime”.
‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED
“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”
SC refuses to entertain former Jharkhand CM Hemant Soren’s Bail plea against his arrest by ED
Hemant Soren was arrested on 31-01-2024 and resigned from the post of Chief Minister of Jharkhand on the same day.
‘Proceedings under PMLA are always subservient to primary proceedings’; Punjab and Haryana HC close ED proceedings arising out of ECIR in light of acquittal in primary offence
The Court opined that since Enforcement Case Investigation Report (‘ECIR’) is not a condition precedent for starting an investigation or inquiry by the Enforcement Directorate and is only an internal record of the department, its quashing would serve no purpose whatsoever.
Supreme Court grants interim bail to ED officer Ankit Tiwari in bribery case
The Enforcement Officer Ankit Tiwari was accused of an offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988.
Delhi Court allows bail to Arvind Kejriwal in ED summons case
The Court followed by hearing the application under Section 207 of CrPC moved on behalf of Kejriwal.
Supreme Court refuses to interfere with Hemant Soren’s arrest by ED; asks to first approach Jharkhand High Court
The Court took note that Soren had earlier filed a plea under Article 226 of the Constitution before the High Court but opted for withdrawal of the same to approach the Supreme Court.
Calcutta High Court directs formation of SIT amidst allegations of bias and ineffectiveness in Enforcement Directorate officials attack case
Calcutta High Court noted the registration of a counter FIR before an FIR about the attacks on Enforcement Directorate officials, casting doubt on police impartiality.