Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Restoration of confiscated property during trial under the second proviso to Section 8(8) of the PMLA is controlled by Rule 3A of the 2016 Rules, as amended, which permits consideration only after framing of charge under Section 4. Where charges have not been framed, an application for restoration is premature. The pendency of an appeal against the adjudication order before the statutory appellate forum also bars a course that would trench upon or render the appellate remedy infructuous. Applying these principles, the restoration order was held contrary to the statutory scheme and was set aside.
Restoration of confiscated property during trial under the second proviso to Section 8(8) of the PMLA is controlled by Rule 3A of the 2016 Rules, as amended, which permits consideration only after framing of charge under Section 4. Where charges have not been framed, an application for restoration is premature. The pendency of an appeal against the adjudication order before the statutory appellate forum also bars a course that would trench upon or render the appellate remedy infructuous. Applying these principles, the restoration order was held contrary to the statutory scheme and was set aside.
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