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(2025) Law Today Live Doc. Id. 20124
CrlM Nos. 286 & 287 of 2025
Reserved on: 24.03.2025 Pronounced on: 22.05.2025
A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22 – Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- NDPS – PMLA – Discharge in NDPS case – Continuity in Money laundering offence – Permissibility of -- Money laundering itself is a separate crime, distinct from the original (or scheduled) offence like corruption, drug trafficking, fraud, etc. -- Even if the scheduled offence is tried under Indian Penal Code, Narcotic Drugs and Psychotropic Substances Act, 1985 Act, etc., money laundering is prosecuted separately under PMLA -- Offence u/s 3 is dependent on the scheduled offence, but it is a separate and independent offence once the activity of laundering begins -- Mere discharge or quashing of a FIR by a competent court does not automatically result in the quashing of an Enforcement Case Information Report (ECIR) filed under the Prevention of Money Laundering Act, 2002 -- Discharge in the predicate offence may influence the procedures under the PMLA; however, it cannot be regarded as an automatic or definitive basis for nullifying the ECIR.
(Para 30, 40, 41)
B. Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- PMLA – Not an accused in scheduled offence – Effect of -- A person can be prosecuted for money laundering even if they are not directly involved in the commission of the scheduled offence, so long as they are involved in the laundering process -- A person accused of an offence u/s 3 PMLA need not necessarily be shown as an accused in the scheduled offence.
(Para 31, 32)
C. Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- Discharge in the predicate offence -- Summon u/s 50 of PMLA – Nature of -- Enforcement Directorate's authority to summon individuals u/s 50 is intended for the acquisition of factual evidence pertaining to money laundering offences; obtaining a summons under this section does not inherently indicate that one is an accused in a money laundering investigation -- This indicates that the individual may have information or documents pertinent to the investigation -- Issuance of summons is a fundamental component in the execution of a fair and unbiased investigation -- It affords the relevant parties an opportunity to be heard, to articulate their case, and to address the allegations levied against them -- Issuance of summons under the PMLA should be regarded as an essential element of due process, intended to advance the rule of law and bolster public trust in the legal system -- Discharge in the predicate offence, albeit substantial, does not, as a legal principle, impact the ongoing validity of the summons -- Mere discharge of the petitioner concerning the predicate offence does not, in itself, grant the Court the power to annul the summons.
(Para 34-39)