Power to investigate under PMLA - the expression “and” occurring ...

Interpreting "and" as "or" in PMLA Section 3 broadens money laundering scope; Section 5 remains constitutionally valid.

July 30, 2022

Case Laws     Money Laundering     SC

Power to investigate under PMLA - the expression “and” occurring in Section 3 has to be construed as “or”, to give full play to the said provision so as to include “every” process or activity indulged into by anyone. Projecting or claiming the property as untainted property would constitute an offence of money-laundering on its own, being an independent process or activity. - Section 5 of the 2002 Act is constitutionally valid. It provides for a balancing arrangement to secure the interests of the person as also ensures that the proceeds of crime remain available to be dealt with in the manner provided by the 2002 Act. The procedural safeguards as delineated by us hereinabove are effective measures to protect the interests of person concerned. - SC

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