scheduled offence Archives

SC urges youth to resist peer pressure; calls for concerted effort from family, school & community to mitigate drug addiction

The Court held that NIA could investigate non-scheduled offence, or a person involved in a non-scheduled offence, provided there is a connection with the scheduled offence. This nexus between any other offence and the Scheduled Offence is of critical importance and must be present to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence.

Case Briefs High Courts

Commission of scheduled offence is a prerequisite for prosecuting an offence under Prevention of Money Laundering Act: J&K High Court

The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.

Criminal Conspiracy as scheduled offence under PMLA

Case Briefs Supreme Court

Criminal Conspiracy to be ‘scheduled offence’ under PMLA only if conspiracy is to commit an already Scheduled offence: Supreme Court

“The Court also held that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must be shown as the accused in the scheduled offence.”

Case Briefs High Courts

Provisional Attachment Order rests merely on an assumption of ED; Delhi High Court quashes Order passed by ED being arbitrary and illegal

The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.

Case Briefs District Court

Bombay Court grants bail to Sanjay Raut and Pravin Raut; Twin bail conditions u/S 45 PMLA satisfied

City Sessions Court, Mumbai: In a bail application filed by Pravin Raut (A3) and Sanjay Raut (A5) against arrest made

Case Briefs High Courts

Delhi High Court: Mere allocation of coal does not amount to ‘proceeds of crime’ u/S 2(1) (u) of PMLA, 2002; Proof of monetary gains wrongfully obtained from such allocation is mandatory

Delhi High Court: Yashwant Varma J. categorically held that an allocation of coal cannot possibly be viewed as amounting to ‘proceeds of