PMLA and Predicate Offenses: Deciphering the Scope of Proceeds of Crime under PMLA: A Supreme Court Analysis
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....he Prevention of Money Laundering Act (PMLA), 2002, presents a significant exploration of the legal intricacies associated with the Act. This extensive analysis delves into the judgment's approach to interpreting the PMLA, particularly focusing on the concepts of 'proceeds of crime' and the implication of not being named as an accused in the predicate offense. II. Factual Background ....
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....9;proceeds of crime' as defined under the PMLA. The appellant also argued that since they were not named as an accused in the predicate offenses, they could not be implicated under the PMLA. * Respondent's Submissions: The ED contended that the financial capacity to acquire the properties was questionable and suggested that these acquisitions could have been facilitated by proceeds of ....
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....nder Section 120B of the IPC (Indian Penal Code) becomes a scheduled offense only if the conspiracy is to commit an offense already listed in the Schedule of the PMLA. This interpretation narrows the scope of what constitutes a scheduled offense under the PMLA. * Application to the Case: The Court found that the first property could not be linked to the proceeds of crime as the alleged schedul....