TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether proceedings under the Prevention of Money Laundering Act, 2002 could be quashed on the ground that the predicate scheduled offence had been closed by a closure report and that no proceeds of crime were made out.
Analysis: The scheduled offence is a foundational pre-condition for initiating action under the Prevention of Money Laundering Act, 2002, but the offence of money laundering is independent of the scheduled offence. The statutory scheme targets the laundering process involving proceeds of crime, including concealment, possession, acquisition, use, or projection of such property as untainted. The explanation to Section 44(1) clarifies that the Special Court's jurisdiction in proceedings under the Act is not dependent upon orders passed in respect of the scheduled offence, and the trial of the two sets of offences by the same court is not a joint trial. The closure of the predicate FIR, therefore, does not by itself extinguish the PMLA proceedings.
Conclusion: The petitioners were not entitled to quashment merely because the scheduled offence was closed; the PMLA prosecution was held to be maintainable.
Ratio Decidendi: Prosecution for money laundering can proceed independently of the fate of the scheduled offence, and closure of the predicate case does not by itself nullify proceedings under the Prevention of Money Laundering Act, 2002.
TaxTMI 
TaxTMI 
