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        Money Laundering

        2024 (9) TMI 119 - SCH - Money Laundering

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        PMLA bail requires prima facie linkage between scheduled offences and proceeds of crime; bare allegations are insufficient. For bail under the Prevention of Money Laundering Act, 2002, the complaint must contain prima facie factual material linking the scheduled offence to the ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            PMLA bail requires prima facie linkage between scheduled offences and proceeds of crime; bare allegations are insufficient.

                            For bail under the Prevention of Money Laundering Act, 2002, the complaint must contain prima facie factual material linking the scheduled offence to the alleged proceeds of crime; bare allegations of illegal mining were insufficient without specific pleadings showing that the offences generated proceeds of crime. The Court also noted that the first offence mentioned was not itself a predicate offence, except for conspiracy under Section 120B IPC, and there were no pleadings of money-laundering or tampering with evidence. On that basis, it found reasonable grounds to believe the appellants were not guilty and granted bail.




                            Issues: Whether the appellants, shown as accused in successive complaints under the Prevention of Money Laundering Act, 2002, were entitled to bail in the absence of prima facie pleadings connecting the referred First Information Reports to the alleged proceeds of crime.

                            Analysis: The complaints referred to multiple First Information Reports, but the pleaded material did not prima facie show a linkage between those scheduled offences and any proceeds of crime, whether in money or illegally mined minerals. Mere allegations of large-scale illegal mining were held insufficient without factual assertions showing that the stated offences directly or indirectly generated proceeds of crime. It was also noted that the first offence mentioned in the complaints was not itself a predicate offence, except for Section 120B of the Indian Penal Code, 1860, and there were no pleadings showing involvement in any other offence of money-laundering or tampering with evidence. On that basis, the Court found reasonable grounds to believe that the appellants were not guilty of the offence.

                            Conclusion: Bail was granted to the appellants.

                            Ratio Decidendi: For bail under the Prevention of Money Laundering Act, 2002, the complaint must contain prima facie factual material showing a nexus between the scheduled offence and the alleged proceeds of crime, and bare allegations are insufficient to establish guilt of money-laundering.


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