In a money laundering case involving a predicate offence related ...

Acquittal of predicate offence nullifies money laundering case under PMLA, rules courts in kidney racket case.

Case Laws     Money Laundering

July 30, 2024

In a money laundering case involving a predicate offence related to an illegal kidney transplantation racket and offences under the Indian Penal Code and Transplantation of Human Organs Act, the issue was whether the prosecution by the Enforcement Directorate can continue if the accused is acquitted/discharged of the predicate offence. The Supreme Court and Delhi High Court have held that if the accused is finally discharged/acquitted of the scheduled offence or the criminal case is quashed, there can be no offence of money laundering against them under the Prevention of Money Laundering Act. Consequently, if the co-accused is acquitted by the trial court and the judgment is not challenged, the complaint filed by the ED and subsequent proceedings cannot survive as there can be no offence of money laundering u/s 3 of PMLA against the petitioner.

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