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 April 2025 Year 2025 This

HC dismissed the writ petition challenging search proceedings ...


Judicial Review Limited in PMLA Search Proceedings: Enforcement Directorate's Authority Upheld to Investigate Economic Offenses

April 30, 2025

Case Laws     Money Laundering     HC

HC dismissed the writ petition challenging search proceedings under PMLA, affirming the Directorate of Enforcement's investigative authority. The court held that judicial review is strictly limited to verifying whether "reasons to believe" were recorded in writing prior to search, without examining the investigating officer's subjective satisfaction. The court emphasized that search procedures aimed at uncovering potential economic offenses serve national interest and constitutional mandates of economic justice. The petition challenging the search was deemed an abuse of legal process, with the court noting the serious allegations of malpractice against the state corporation. The Directorate of Enforcement was granted liberty to continue its investigation under the Prevention of Money Laundering Act.

View Source

 


 

You may also like:

  1. The HC quashed the complaint, ECIR, prosecution complaint, and summoning order issued against the petitioner in a money laundering case before the Special Court (PMLA)...

  2. Scope of Judicial Review – Review of the decision of the Settlement Commission - There is limited scope of judicial review - Despite such narrow confines of judicial...

  3. Release of provisionally attached properties - the order passed under Section 5(1) of PMLA, provisionally attaching the property is subject to confirmation by the...

  4. Composition of Adjudicating Authority under PMLA and its Jurisdiction - Whether the quasi judicial bodies should consist of members having requisite qualification in the...

  5. Validity of Search and seizure - In the instant case the record reveals that the Additional Director of Enforcement Directorate without recording the ‘reasons to...

  6. HC affirmed the validity of summons issued by Enforcement Directorate under Section 50(2) of PMLA. The subsequent summons for further investigation was permissible under...

  7. The appellant argued that no criminal activity was attributed to him or his business, nor was he named in the FIR or chargesheet filed by the CBI, and therefore, the...

  8. HC affirmed ED's authority to conduct search, seizure, and account freezing operations under FEMA 1999 and PMLA 2002. Court held that interference during investigation...

  9. HC quashed the cognizance order against the petitioner, a public servant holding the position of Joint Secretary in the Department of Commerce and Industry, in a money...

  10. FERA proceedings initiated based on show cause notice alleging misdeclaration of export goods value were dropped by Enforcement Directorate against assessee. Income tax...

  11. 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...

  12. The Committee of Creditors (CoC) resolved to liquidate the Corporate Debtor u/s 33 of the Insolvency and Bankruptcy Code, 2016 by a majority of 90.16% voting in favor,...

  13. The High Court dismissed the application challenging the freezing orders issued by the Enforcement Directorate u/s 17 and Section 17(1-A) of the Prevention of Money...

  14. The High Court considered a case involving a challenge to an attachment order by the Enforcement Directorate under the Prevention of Money Laundering Act. The...

  15. In the absence of a scheduled offence/predicate offence, proceedings under the PMLA cannot be sustained. An accused assisting in concealment or use of proceeds of crime...

 

Quick Updates:Latest Updates