Court : Supreme Court of India
Reported in : (2009)1CALLT14(SC); 2008(231)ELT210(SC); 2008(13)SCALE84; [2008]88SCL1(SC); 2009(1)SLJ315(SC):2009AIRSCW206
..... pareena swarup, member of the bar, has filed this writ petition under article 32 of the constitution of india by way of public interest litigation seeking to declare various sections of the prevention of money laundering act, 2002 such as section 6 which deals with adjudicating authorities, composition, powers etc. ..... in exercise of powers conferred by clause (s) of sub-section (2) of section 73 read with section 30 of the prevention of money- laundering act, 2002 (15 of 2003), the central government framed rules regulating the appointment and conditions of service of persons appointed as chairperson and members of the appellate tribunal. ..... brief facts in a nutshell are: the prevention of money laundering act, 2002 (hereinafter referred to as 'the act') was introduced for providing punishment for offence of money laundering. ..... the central government has also framed rules called the prevention of money laundering (appointment and conditions of service of chairperson and members of adjudicating authorities) rules, 2007.3. ..... we agree with the apprehension of the petitioner that the provisions of prevention of the money laundering act are so provided that there may not be independent judiciary to decide the cases under the act but the members and the chairperson to be selected by the selection committee headed by revenue secretary. ..... the act also provides measures of prevention of money laundering. .....
Tag this Judgment!Court : Supreme Court of India
..... ensure the safeguards, in exercise of power under section 73 of the act, the central government has framed the prevention of money-laundering (the forms and the manner of forwarding a copy of order of arrest of a person along with the material to the adjudicating authority and its period of retention) rules, ..... the preamble to the prevention of money-laundering act, 2002 states that an act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith ..... paragraphs which enumerate offences under the indian penal code, narcotic drugs and psychotropic substances act, 1985, offences under the explosives substances act, 1908 and the offences under the prevention of corruption act, 1988 (paragraph8) etc. ..... section 17 which deals with search and seizure states that where the director or any other officer not below the rank of deputy director authorised by him for the purposes of this section on the basis of the information in his possession has reason to believe (reason for such belief to be recorded in writing) that any person has committed an offence which constitutes the money laundering or is in possession of any proceeds of crime involved in money laundering etc ..... received and perused the case diaries/materials collected by the prosecution during investigation to satisfy itself as to whether the investigation is proceeding in the right direction or for consideration of the question of grant of bail etc .....
Tag this Judgment!Court : Chennai
..... 45.section 26(3) of the prevention of money-laundering act, 2002 speaks of filing of an appeal by the director or any person aggrieved by an order made by the adjudicating authority under this act, save as otherwise provided in sub-section (3). ..... in the summons issued to the writ petitioners on 10.04.2013, the respondent had stated that in exercise of the powers conferred upon him as per section 50 (2) and (3) of the prevention of money-laundering act, 2002, he required the presence of the writ petitioners at his office on the dates and time specified. ..... 46.section 42 of the prevention of money-laundering act provides an opportunity to any person aggrieved by any decision or order of the appellate tribunal to file an appeal to the high court within sixty days from the date of communication of the decision or order of the appellate tribunal to him on any question of law or fact arising out of such order etc. ..... the aforementioned measures are preventive in character with a view to get hold of the 'proceeds of crime' etc. ..... 59.to put it succinctly, the initiation of proceedings like issuance of summons etc. ..... , having cross border implications etc. ..... 5.09 acres of land and for the balance sum of rs.2.44 crores demand draft was taken in favour of sundarambal and in this regard, the allegation is that it was not encashed by p.sundarambal but it was encashed by mohan's sister senthamarai etc. .....
Tag this Judgment!Court : Jharkhand
..... learned counsel for enforcement directorate has also placed reliance upon section 45 of the prevention of money laundering act, submitting that there is a stringent provision for bail in the cases of money laundering and in view of -3- section 45 of the prevention of money laundering act, the bail application of this petitioner should be rejected. ..... petitioner has been made accused for the offence under sections 3 of the prevention of money laundering act, in connection with ecir2pat/09/ad (d), arising out of the schedule offence in rc case no. ..... in my considered view, the case of this petitioner is protected by proviso to section 45 of prevention of money laundering act, which clearly shows that a person, who is sick or infirm, may be released on bail, if the special court so directs.13. ..... during the investigation, it was found that a total of rs.7,97,96,888/-, including the indirect benefits in the form of rent derived from the property acquired through the proceeds of crime, is involved in the offence of money laundering, invested by the petitioner.5. ..... the c.b.i case, being r.c case no.5(a)/2010/ahd/ranchi was registered against the petitioner and the other co-accused persons, pursuant to the direction of this court in w.p (pil) no.4700 of 2008, for the offence under section 109 of the indian penal code and sections 9 and 13 (2) read with 13 (1) (e) of the prevention of corruption act.4. .....
Tag this Judgment!Court : Chennai Madurai
..... (vii) the deputy director of prevention of money laundering act, directorate of enforcement, respondent herein considering all the materials before him held that there are reasons to believe that property measuring 165 acres in the hands of appellants is part of proceeds of crime as defined under section 2(1)(u) of provision of money laundering act and is involved in the offence of money laundering and is liable for adjudication and confiscation in terms of section 8 of pmla, 2002 . ..... (prayer:this civil miscellaneous appeal is filed under section 42 of the prevention of money laundering act, 2002 against the order dated 05.09.2014 in fpa-pmla-399/mum/2012 on the file of the appellate tribunal, prevention of money laundering act at new delhi.) 1. ..... (xii) the appellants challenged the order of adjudicating authority dated 07.09.2012 by filing 7 appeals before appellate tribunal, prevention of money laundering act at new delhi. ..... these three persons, as per instructions of g.srinivasan appointed one p.ayyappan, as their power of attorney, registered as document nos.137 and 138 of 2009, dated 07.09.2009 and document no.807/2009, dated 12.09.2009 and document no.186 of 2009, dated 22.09.2009. ..... they are bonafide purchasers and the sale consideration paid by them were earned through legal activities like selling lands etc. ..... he utilized the said amount to purchase the lands referred to above and also movie rights etc. .....
Tag this Judgment!Court : Mumbai
..... the main contention is that the show cause notice dated 29.04.2014, issued to the petitioner does not contain any reason for the adjudicating authority to believe that the petitioner has committed an offence under section 3 or is in possession of proceeds of crime as required by section 8 of the prevention of money laundering act, 2002. ..... entire notice : you are called upon to indicate the source of your income, earning or assets out of which or by means of which you have acquired the property attached under sub-section (1) of section 5 of the prevention of money laundering act, 2002 the evidence on which you rely and other relevant information and particulars and show cause why all or any such property should not be declared to be the properties involved in money-laundering and consequently why the attachment order should not be confirmed. ..... ) now, therefore, i order that the properties mentioned in the enclosed schedule are provisionally attached under sub section (1) of section 5 of prevention of money laundering act, 2002, for a period of 180 days from the date of this order. ..... the petitioner seeks a writ to quash an order of provisional attachment dated 31.01.2014, passed by respondent no.2 - directorate of enforcement, of its property, a show cause notice dated 29.04.2014 issued by respondent no.3 adjudicating authority constituted under money laundering act, 2002 and a public notice dated 26.11.2013, issued by respondent no.4 senior inspector of police, economic offence wing. .....
Tag this Judgment!Court : Delhi
..... thereafter, on 18.05.2017 the respondent/department through its assistant director filed a complaint under section 45 of prevention of money laundering act, 2002 for commission of offences of money laundering as defined under section 3 and punishable under section 4 of prevention of money laundering act, 2002 against the petitioners.7. ..... subsequently, on 11.02.2017 the respondent/department on the basis of the aforesaid complaint registered a case ecir/01/dlzo-ii/2017, under sections 3 & 4 of prevention of money laundering act, 2002 against the accused persons (including the petitioners herein). ..... are arising from ecir/01/dlzo-ii/2017, under sections 3 & 4 of prevention of money laundering act, 2002 on the basis of criminal complaint no.57463 of 2016. ..... in the case ecir/01/dlzo-ii/2017 dated 11.02.2017, under sections 3 & 4 of prevention of money laundering act, 2002 (herein after referred to as pmla).2. ..... offences punishable under sections 120-b/420 ipc which are schedule offences of prevention of money laundering act, 2002.4. ..... 1114/2017 page 26 of 34 schedule offence under the prevention of money laundering act, 2002.34. ..... 1114/2017 page 7 of 34 c) proceedings before the adjudicating authority in seisin of complaint filed by the respondent under section 5(5) pmla for attachment of their immovable property.13. ..... it indicates that these 95 companies are merely companies on papers for making investments in share premium etc. .....
Tag this Judgment!Court : Delhi
..... thereafter, on 18.05.2017 the respondent/department through its assistant director filed a complaint under section 45 of prevention of money laundering act, 2002 for commission of offences of money laundering as defined under section 3 and punishable under section 4 of prevention of money laundering act, 2002 against the petitioners.7. ..... subsequently, on 11.02.2017 the respondent/department on the basis of the aforesaid complaint registered a case ecir/01/dlzo-ii/2017, under sections 3 & 4 of prevention of money laundering act, 2002 against the accused persons (including the petitioners herein). ..... are arising from ecir/01/dlzo-ii/2017, under sections 3 & 4 of prevention of money laundering act, 2002 on the basis of criminal complaint no.57463 of 2016. ..... in the case ecir/01/dlzo-ii/2017 dated 11.02.2017, under sections 3 & 4 of prevention of money laundering act, 2002 (herein after referred to as pmla).2. ..... offences punishable under sections 120-b/420 ipc which are schedule offences of prevention of money laundering act, 2002.4. ..... 1114/2017 page 26 of 34 schedule offence under the prevention of money laundering act, 2002.34. ..... 1114/2017 page 7 of 34 c) proceedings before the adjudicating authority in seisin of complaint filed by the respondent under section 5(5) pmla for attachment of their immovable property.13. ..... it indicates that these 95 companies are merely companies on papers for making investments in share premium etc. .....
Tag this Judgment!Court : Jharkhand
..... as discussed above were also attached and for confirmation of the said provisional attachment order original complaint no 204/2013 was field by the opposite parties before the learned adjudicating authority under section 8 of the prevention of money laundering act. ..... after through investigation, a complaint in ecir/02/pat/ 09 was filed under section 45 of the prevention of money laundering act, 2002 before the court of learned 1st additional judicial commissioner cum special court, jharkhand, ranchi on 14.02.2011 ..... after conducting enquiries/investigation a complaint in ecir/02/pat/09 was filed under section 45 of prevention of money laundering act, 2002 before the court of the learned ist additional judicial commissioner cum special court, jharkhand, ranchi on 14.02.2011 only against shri kamlesh kumar singh and on the basis of said complaint the learned special judge, ranchi took cognizance under section 4 of p.m.l.a against shri kamlesh kumar singh on 14.02.2011. ..... mohan singh and ankita singh had filed an application seeking quashment of the proceedings, however, this court on being 16 satisfied that there are sufficient materials constituting an offence under section 4 of the prevention of money laundering act, 2002 has dismissed the said application and therefore no ground for anticipatory bail is apparently made out. ..... the opposite party by exercising the power conferred under section 5 of the prevention of money laundering act passed the provisional attachment order no. .....
Tag this Judgment!Court : Delhi
..... read with section 65 and section 2 (1)(na) of the prevention of money laundering act, 2002 (hereafter pmla ). ..... 2 (na) of the prevention of money laundering act 2002 during the pendency of investigation. ..... (c) 3531/2018 page 39 of 55 this directorate is conducting investigation against m/s krbl limited in agustawestland helicopter scam and embraer case under the prevention of money laundering act. ..... in exercise of such powers, the central government has notified the prevention of money-laundering (forms, search and seizure or freezing and the manner of forwarding the reasons and material to the adjudicating authority, impounding and custody of records and the period of retention) rules, 2005. ..... section 17 of the pmla empowers the director, or any other officer not below the rank of deputy director authorized by him to authorize any officer subordinate to him to enter and search any building, etc. ..... the statement of objects and reasons indicates that the prevention of money-laundering bill, 1998 was introduced in the view of an urgent need for the enactment of a comprehensive legislation inter alia, for preventing money laundering and connected activities, confiscation of proceeds of crime, setting up of agencies and mechanisms for co-ordinating measures for combating money-laundering etc. . w.p. .....
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