2025 (4) TMI 112 - SCH - Money Laundering

Enforcement Directorate's Petition on Recording Statements Under Section 50 of PMLA from Accused on Bail Dismissed

DIRECTORATE OF ENFORCEMENT Versus HARSHA D & ORS.

The SC dismissed a Special Leave Petition filed by the Enforcement Directorate regarding whether permission from a Magistrate or Court is required to ... Money Laundering - it was held by High Court that 'In the light of the statutory frame work of the PMLA and the application filed under Section 50 of the Act, this Court is of the considered view that the application was not maintainable before the learned Magistrate, since the Court did not have the power to direct recording of statements for it to become a record under the PMLA, the order which is passed by the Court which did not have a jurisdiction to even consider any application under the PMLA, is rendered unsustainable.' HELD THAT:- Without expressing any opinion on the merits of the case, it is not proposed to entertain this petition. However, the question of law, if any, involved is kept open. SLP dismissed. In the Supreme Court case presided over by HON'BLE MS. JUSTICE BELA M. TRIVEDI and HON'BLE MR. JUSTICE PRASANNA B. VARALE, the Court addressed a petition involving the Enforcement Directorate (ED) and a respondent-accused. The petitioner, represented by Mr. Zoheb Hussain, argued that since the respondent-accused had been released on bail for the predicate offence, the ED might not need permission from a Magistrate or Court to record a statement under Section 50 of the Prevention of Money Laundering Act (PMLA). The Court, without commenting on the merits, chose not to entertain the petition, leaving any legal questions involved open. Consequently, the Special Leave Petition was dismissed, and any pending applications were disposed of.