Bringing you the Best Analytical Legal News
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.
“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”
ED’s investigation into the Jal Jeevan Mission scam revealed that fake and fabricated work experience certificates were used to get Public Health and Engineering Department contracts and bribes were given to public servants to score tenders.
Rajasthan High Court via the impugned order dated 11-11-2021 dismissed the appellant’s application for anticipatory bail opining that the appellant was allegedly involved in serious economic offence.
Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively
The Court pointed out that there is no embargo on considering the plea of absence of sanction, after cognizance is taken by the Special Court of the offences punishable under Section 4 of the PMLA.
“PMLA, being a special and standalone statute, the trial proceedings under this Act do not have any bearing on the trial proceedings or the outcome of the trial proceedings of the scheduled offence.”
by Juvraj Singh Bindra* and Bhawna Lakhina**
V. Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.
The Delhi excise liquor policy scam involved two parallel investigations by the CBI and the ED regarding irregularities in the formulation and implementation of the excise policy of the Government of the National Capital Territory of Delhi (GNCTD) for the year 2021-2022.
In 2020, a FIR was registered by the CBI, ACB, Kolkata in respect of alleged illegal excavation and theft of Coal taking place in the leasehold areas of Eastern Coalfields Limited (ECL). Eventually ED issued summons in 2021 to the Appellants seeking their presence and documents pertaining to the matter.
“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy
A quick review of various High Court cases reported this week
Supreme Court had previously released Sunil Agrawal on interim bail vide order dated 17-05- 2024 and had noted that he had made out a prima facie strong case for his enlargement on interim bail.
The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.
Arvind Kejriwal was granted bail by the Trial Court in the money laundering case on 20-06-2024. However, the Delhi High Court issued an interim stay on the grant of bail the following day after the ED moved a plea. Following this, he was arrested by the CBI on 26-06-2024 and remanded to CBI custody till 29-06-2024
The Court stated that overall conspectus of the case based on broad probabilities does not specifically or indirectly assign the petitioner to be involved in the acquisition and possession as well as concealment of 8.86 acres of land at Shanti Nagar connected to the “proceeds of crime”.