Essentials of Prosecution under PMLA, 2002 Explained by High Court

Essentials of Prosecution under PMLA, 2002 Explained by High Court

Law relating to PMLA, 2002 was explained in Manoj Kumar Babulal Punamiya v. State of Jharkhand [2025] GCtR 1919 (Jharkhand) and the petition filed by accused was dismissed. S.2(1)(u) of PMLA, 2002 indicates that in the explanation it has been referred that for removal of doubts, it is hereby clarified that "proceeds of crime" include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence.

In this case, accused in ECIR under PMLA, 2002 was not an accused in the FIR of scheduled offence and HC dismissed the petition of accused filed in respect of prosecution under PMLA, 2002.

Criminal Activity and PMLA, 2002 : High Court Answers the Operation of Law

Criminal Activity and PMLA, 2002 : High Court Answers the Operation of Law

On a plain reading of various sections of PMLA, 2002 , it is clear that under S.2 (u) of PMLA, 2002 any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence is proceeds of crime. 

Jignesh Kishorebhai Bhajiawala v. State of Gujarat [2017] GCtR 6569 (Gujarat) 

PMLA - Accused Granted Bail by Supreme Court

 PMLA - Accused Granted Bail by Supreme Court

Dealing with a case under Prevention of Money Laundering Act, 2002 while granting bail to accused it has been held that "economic offences, by their very nature, may differ in degree and fact, and therefore cannot be treated as homogeneous class warranting a blanket denial of bail. Statutory restrictions cannot be permitted to result in indefinite pretrial detention in violation of Article 21 of Constitution of India."

[ Arvind Dham v. ED [2026] GCtR 21 (SC) ]

Delhi HC Grants Bail to Accused : Feb 2023 View

 Delhi HC Grants Bail to Accused : Feb 2023 View 

A recent judgment has been passed by Hon'ble Delhi High Court on 23 February 2023.

If we look at the case citation Chandra Prakash Khandelwal v ED [2023] GCtR 534 (Delhi), it can be seen that the person who was facing allegations related to issues connected with PACL, it can be seen that the accused was granted bail.

Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost from the official website at the link 

https://delhihighcourt.nic.in/judgment

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.