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PMLA - Highlights / Catch Notes

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The High Court dismissed the writ petition challenging the ...


Court Upholds Broad Definition of Money Laundering, Allows Continued Investigation Despite Quashed FIRs.

September 7, 2024

Case Laws     Money Laundering     HC

The High Court dismissed the writ petition challenging the Enforcement Case Information Report (ECIR) filed by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA), 2002. The court held that the definition of 'money laundering' u/s 3 of the PMLA is wide and expansive, covering not only direct involvement but also assistance or being a party to the process connected with proceeds of crime. Even if some FIRs are quashed or closed, the investigation under the same ECIR can continue as per Explanation II to Section 44. The ED, as an investigating agency, can proceed with the investigation initiated through the ECIR filed in 2022, despite the closure of certain FIRs. The court found no merit in the writ petition and dismissed it.

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