Public Servant Shielded from Money Laundering Prosecution Due to Lack of Mandatory Sanction Under PMLA Section 197

HC quashed the cognizance order against the petitioner, a public servant holding the position of Joint Secretary in the Department of Commerce and Industry, in a money laundering case under PMLA. The court held that since the alleged offence was connected to official duties, prosecution sanction was mandatory. The Special Judge (PMLA), Raipur had taken cognizance without obtaining requisite prosecution sanction, rendering the proceeding illegal. The HC set aside the cognizance order and granted the Enforcement Directorate liberty to seek fresh cognizance after obtaining proper prosecution sanction, emphasizing the procedural requirement for prosecuting public servants. .....

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