2021 (11) TMI 1097 - HC - Money Laundering

When can an investigation be stated to commence under PMLA? - Who and at what stage can be termed as an accused? - Whether ECIR can be treated as an FIR for the applicability of CrPC provisions and for testing the invasion of any of the constitutional rights available to persons accused of a crime? HELD THAT - In view of the fact that the Hon ble Supreme Court is seized of the matter in relation to the issue which is raised in the present petition list these petitions on 11th February 2022.

Summary

The Delhi High Court, under Ms. Justice Mukta Gupta, conducted a hearing through physical mode. The respondent's counsel presented proposed issues pending consideration before the Supreme Court in SLP (C) No.29273/2011, including the issue of when an investigation can be said to commence under PMLA. The matter was listed for further hearing on 11th February, 2022, as the Supreme Court is already dealing with the issue. The order was to be uploaded on the court's website.