Respondents initiated action under Prevention of Money ...

Illegal sand mining suspicion alone can't trigger PMLA attachment. Scheduled offence case & proceeds determination mandatory.

Case Laws Money Laundering

July 20, 2024

Respondents initiated action under Prevention of Money Laundering Act (PMLA) based on alleged illegal sand mining generating proceeds of crime, without specifying scheduled offence investigated by other agency or determining actual proceeds. Court held respondents cannot assume jurisdiction under PMLA and attach properties in absence of registered case for scheduled offence resulting in proceeds of crime dealt with by petitioners. Mere suspicion of illegal money generation from illegal mining is insufficient. Provisional Attachment Orders quashed as respondents lacked jurisdiction to initiate PMLA action.

View Source

← Previous Next →

Respondents initiated action under Prevention of Money ...

Illegal sand mining suspicion alone can't trigger PMLA attachment. Scheduled offence case & proceeds determination mandatory.

Case Laws Money Laundering

July 20, 2024

You may also like:

In the absence of a scheduled offence/predicate offence, proceedings under the PMLA cannot be sustained. An accused assisting in concealment or use of proceeds of crime...

Grant of bail - Money Laundering - illegal mining - The High Court found sufficient grounds under PMLA for the charges, as the proceeds of the crime were derived...

Money Laundering - illegal mining of granite, causing damages to human life and properties using explosives - scheduled offences - The High Court clarified that the...

Scheduled offence is a prerequisite for initiating proceedings under the Prevention of Money Laundering Act (PMLA). The offence of money laundering u/s 3 of PMLA...

Money laundering - scheduled offences or not - proceeds of crime - offences under various sections of the Income-tax Act, 1961, in conjunction with sections of the...

Provisional Attachment Order - scheduled offences or not - when the accused person has been acquitted in the scheduled offence under the PMLA, the closure of the...

Seeking grant of regular bail - the High court noted the absence of a predicate offense or ongoing investigation related to a scheduled offense, aligning with the...

The Appellate Tribunal ruled on the validity of proceedings u/s Prevention of Money Laundering Act, 2002 without a scheduled offence. It held that without a scheduled...

Jurisdiction - power of Special Courts - The contention that cases relating to scheduled offences punishable under the PC Act (as specified in Paragraph 8 of Part A of...

Section 50 of Prevention of Money Laundering Act, 2002 held constitutional and not violative of Articles 14, 20, and 21 of Constitution of India and Section 132 of...

Money Laundering - Scheduled offences - The petitioners besides facing trial for the offences under ULA(P) Act, are also facing trial for offence under Section 121-A of...

The offence of money laundering is not an independent or autonomous offence but is dependent on commission of a predicate offence. In other words an offence under the...

Money Laundering - scheduled offences - cognizance of offence - The High court concluded that the allegations did not meet the necessary elements to constitute an...

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...

Money Laundering - Jurisdiction of lower court - If the ED wants to invoke the provisions of the PMLA to discern the offence under Section 3 of the PMLA, the designated...

Quick Updates: