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PMLA - Highlights / Catch Notes

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The petitioners, members/office bearers of the banned ...


Alleged fund collection by PFI members before Delhi riots; no money laundering prima facie. Bail granted citing delay & Article 21 rights.

December 6, 2024

Case Laws     Money Laundering     HC

The petitioners, members/office bearers of the banned organization PFI, were alleged to have collected funds from unknown sources and provided fake receipts to utilize those funds for terrorist activities (scheduled offences). The court held that the proceeds of crime has to be generated as a result of criminal activity (scheduled offence), but in the present case, the collection of funds preceded the alleged crime (Delhi Riots). Therefore, prima facie, the offence of money laundering was not made out against the petitioners. Considering the delay in trial and long incarceration, and invoking Article 21 (right to life and personal liberty), the court directed the release of petitioners Parvez Ahmed, Mohd Ilyas, and Abdul Muqeet on bail, subject to fulfillment of terms and conditions.

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