Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
PMLA - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

Money laundering case involving public funds looted through apps ...


Money laundering probe into funds swindled via apps promising high returns faces evidentiary, justice scrutiny.

Case Laws     Money Laundering

September 28, 2024

Money laundering case involving public funds looted through apps promising high returns. Petitioner argued trial court failed to consider evidence, violated natural justice principles. Court held bail order only prima facie view, not final decision. Strictly construed money laundering offence ingredients per Supreme Court precedent. Probative value of PMLA statement to be considered at trial stage. Bail cannot be denied merely assuming recovered property is proceeds of crime. WhatsApp chats indicating fund transfers not sufficient to cancel bail at this stage. ED's apprehensions about derailing investigation or flight risk mere apprehensions without substantial reasons. More stringent conditions can be imposed if needed. Transactions claimed as genuine business dealings, proceeds of crime already deposited. Frequent fund rotations disproportionate to business, PMLA statement authenticity to be examined at trial. Investigation completed, complaint filed, no material to cancel bail. Bail granted on relevant considerations. Petition dismissed.

View Source

 


 

You may also like:

  1. The court rejected the bail application u/s 45 of the PMLA, finding reasonable grounds to believe the applicant was involved in money laundering related to proceeds from...

  2. Anti-Money Laundering (AML) / Combating the Financing of Terrorism (CFT) Standards - Money changing activities - Circular

  3. Know Your Customer (KYC) norms/Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Obligation of Authorised Persons under Prevention of...

  4. Know Your Customer (KYC) norms/Anti-Money Laundering (AML) standards / Combating the Financing of Terrorism (CFT) Obligation of Authorised Persons under Prevention of...

  5. 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...

  6. The definition of "Specified Mutual Fund" u/s 50AA is proposed to be amended to provide clarity regarding the proportion of investment in debt and money market...

  7. 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...

  8. 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...

  9. Seeking grant of bail - Money Laundering - The Court observed that the applicant held directorial positions in companies allegedly involved in fraudulent activities. The...

  10. Grant of bail - money laundering - proceeds of crime - The court noted substantial evidence indicating that Satyendar Kumar Jain conceptualized and orchestrated the...

  11. Reporting Entity under Prevention of Money Laundering Act, 2002 (PMLA)

  12. Prevention of Money-laundering (Maintenance of Records) 2nd Amendment Rules, 2020 - Notification

  13. Prevention of Money-laundering (Maintenance of Records) Fourth Amendment Rules, 2019.

  14. Prevention of Money-laundering (Maintenance of Records) Amendment Rules, 2019

  15. Prevention of Money-laundering (Restoration of Confiscated Property) Amendment Rules, 2019

 

Quick Updates:Latest Updates