Money Laundering - scheduled offences - predicate offence - The ...

Money Laundering Charge Invalid Without Proven Predicate Offense; Court Orders Release of Seized Assets.

May 4, 2024

Case Laws     Money Laundering     HC

Money Laundering - scheduled offences - predicate offence - The High Court confirmed that the offense under Section 3 of the PMLA depends on the existence of proceeds from a criminal activity related to a scheduled offense. Following the respondents' acquittal in the predicate offense, the foundational basis for the money laundering charges was negated. The Court ordered the release of the attached properties and bank accounts, stating that since the underlying crime was not proven, the properties could not be considered proceeds of crime. The High Court observed that the mere filing of an appeal against an acquittal does not continue the conditions for criminal proceedings under the PMLA. Thus, until an acquittal is overturned, the discharged individuals should not be subject to the constraints of the charges initially brought against them.

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