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Foreign convictions do not preclude domestic prosecution for ...


Foreign conviction no bar to Indian prosecution for distinct offenses.

January 21, 2025

Case Laws     Money Laundering     HC

Foreign convictions do not preclude domestic prosecution for distinct offenses in India. The HC rejected bail for the applicant charged with drug trafficking and money laundering offenses. While the applicant's prior US conviction can be recognized, it cannot directly enforce the foreign judgment. Corroborative evidence beyond statements made under coercion is required for prosecution. The alleged Bitcoin proceeds from the applicant's drug trafficking operations remain inaccessible due to missing passwords. The ED has identified funnel accounts used to receive drug proceeds which were transferred to Indian accounts, though not frozen under Sec 60(2).

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