Court Rules Currency Fluctuation Gains Not Proceeds of Crime u/s 2(1)(v), Recoverable as Civil Debt.

Money Laundering - proceeds of crime - The amount accrued as discussed earlier is on account of dollar- rupee fluctuation and it cannot in any manner be held that the petitioner had derived or obtained any property. Though, it was agreed that differential amount of rupee dollar fluctuation would be paid, at most it can be termed as an outstanding which can be recovered in a civil suit and by no stretch of imagination can it be called as Proceeds of Crime or the outstanding amount can be called as property as defined under Section 2(1)(v) of the Act. - HC .....

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