Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
The principal issue was whether the accused was entitled to discharge or whether a prima facie case under Section 3 PMLA was made out warranting framing of charge. Applying the settled test that discharge is appropriate only if no sufficient ground exists to proceed and relying on the requirement that possession of proceeds must be supported by tangible, credible evidence, the court found the prosecution materials, statements and documents raised a prima facie presumption of money-laundering; therefore discharge was rightly refused and charges under Section 3 were validly framed, and the revision is dismissed. - HC
The principal issue was whether the accused was entitled to discharge or whether a prima facie case under Section 3 PMLA was made out warranting framing of charge. Applying the settled test that discharge is appropriate only if no sufficient ground exists to proceed and relying on the requirement that possession of proceeds must be supported by tangible, credible evidence, the court found the prosecution materials, statements and documents raised a prima facie presumption of money-laundering; therefore discharge was rightly refused and charges under Section 3 were validly framed, and the revision is dismissed. - HC
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