Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court Pendency Of Matrimonial Dispute With General Allegations Not A Valid Ground To Deny Public Employment: Allahabad High Court Minimum Five Persons Mandatory To Prove 'Preparation For Dacoity' Under Section 399 IPC: Gujarat High Court Suit For Specific Performance Not Maintainable Without Prayer To Set Aside Termination Of Agreement: Madras High Court Trial Court Must Indicate Material Forming Basis Of Charge, Mechanical Framing Of Charges Impermissible: Madhya Pradesh High Court Gated Community Association Cannot Exclude LIG/EWS Allottees, Single Unified Society Mandatory: Telangana High Court Voluntary Retirement Deemed Accepted If Positive Order Of Refusal Is Not Communicated Within Notice Period: Supreme Court Court Cannot Convict One Accused And Acquit Another On Same Evidence: Supreme Court Acquits Murder Convict Suspicion Cannot Replace Proof: Supreme Court Acquits Murder Convict Due To Unreliable Last-Seen Evidence And Principle Of Parity 138 NI Act | Accused Cannot Rebut Presumption Of Legally Enforceable Debt At Pre-Trial Stage In Cheque Bounce Cases: Supreme Court More Meritorious PWD Candidates From Reserved Categories Can Claim Unreserved PWD Posts In Open Competition: Supreme Court Meritorious Reserved Candidates Can Claim Unreserved Horizontal Vacancies Based On Merit: Supreme Court Employee Not Entitled To Gratuity Until Conclusion Of Both Departmental And Criminal Proceedings: Supreme Court Stamp Duty Recovery Against Legal Heirs Is Strictly Limited To The Extent Of Inherited Estate: Allahabad High Court Single Lathi Blow On Head During Sudden Altercation Amounts To Culpable Homicide Under Section 304 Part II IPC, Not Murder: Madhya Pradesh High Court Habeas Corpus Maintainable For Child Custody Against Father; Cannot Be Dismissed Merely Due To Alternate Remedy: Allahabad High Court "Plea Of Ignorance In Digital Era Inexcusable": Punjab & Haryana HC Imposes Rs 10K Cost On Accused For Hiding Prior Bail Dismissal Discrepancies In Name And Age On Monthly Pass Fail To Establish 'Bona Fide Passenger' Status In Railway Accident Claim: Delhi High Court "Last Seen" Theory A Weak Link If Time Gap Is Wide: Bombay High Court Acquits Man Sentenced To Life For Murder Failure To Conduct Pre-Anaesthetic Check-Up Prima Facie Amounts To Gross Medical Negligence Under Section 304A IPC: Kerala High Court Gujarat High Court Bans AI From Judicial Decision-Making, Lays Down Strict Policy for Court Use of Artificial Intelligence

Supreme Court Allows De Novo Investigation in Money Laundering Case, Sets Aside High Court's Order

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court of India has permitted de novo investigation in a high-profile money laundering case, overturning the order of the High Court. The apex court's decision comes as a major development in the ongoing legal battle surrounding the case.

The case pertains to allegations of money laundering involving scheduled offenses, including corruption charges against public servants. The Enforcement Directorate (ED) registered an Information Report in July 2021, prompting subsequent legal proceedings.

The central question before the Supreme Court was whether the ED could initiate an investigation and issue summons without identifying the proceeds of crime or a property representing the proceeds of crime. The court, in its judgment, stated that the mere registration of a First Information Report (FIR) for a predicate offense, along with the generation of proceeds of crime, is sufficient to trigger money laundering charges.

Addressing the argument that the ED should first identify specific properties representing the proceeds of crime before registering an Information Report, the court held that such a requirement would be placing the cart before the horse. It emphasized that the process or activity connected with proceeds of crime, including acquisition and use, is enough to constitute the offense of money laundering.

Furthermore, the court rejected the plea to tag the appeals along with a pending review petition, clarifying that the notice issued in the review petition does not diminish the precedential value of its earlier decision. The accused parties were only entitled to challenge the appeals filed by the ED, and not the orders of the High Court.

The judgment also addressed the issue of accessing records of the Special Court trying the predicate offenses. The court upheld the High Court's order allowing the ED to inspect the records under specific provisions, emphasizing that it did not violate the rules governing the granting of certified copies.

Additionally, the Supreme Court dismissed an appeal challenging the extension of time for further investigation, stating that the direction for further investigation remained valid despite the rejection of the time extension request.

Contempt petitions filed against police officials involved in the investigation were also dismissed by the court, citing the complex nature of the case and shared responsibility among multiple parties. However, the court warned that any future disobedience of its orders could lead to renewed contempt proceedings.

Finally, the court dismissed an application seeking the constitution of a Special Investigation Team and the appointment of a Special Public Prosecutor, granting liberty to the applicant to file a substantial petition in the future if foul play is suspected.

With this ruling, the Supreme Court has paved the way for the Enforcement Directorate to continue its investigation and further proceedings in the money laundering case, marking a significant development in the pursuit of justice.

D.D-16.May.2023

Y. BALAJI    VS KARTHIK DESARI & ANR. ETC.

 

Latest Legal News