Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Continuing laundering activity after a predicate offence's inclusion in the schedule permits prosecution and attachment under the PMLA; retrospective criminalisation of the prior predicate act is not relied upon, rather the penal consequence attaches to ongoing possession, use or enjoyment of proceeds after inclusion, so Article 20(1) is not infringed. Attachment and confiscation are civil, preventive measures aimed at depriving benefits of crime and remain valid where proceeds subsist and are traceable. Discharge based on conflating commission date of the predicate offence with laundering was erroneous, and the matter requires full trial with proceedings reinstated.....