Topic
The Enforcement Directorate (ED) is India's financial investigation agency tasked with probing money laundering under the Prevention of Money Laundering Act, 2002, and seizing proceeds of crime.
The Bombay High Court ruled that an arrest under PMLA Section 19 is impermissible when Section 50 proceedings have already been initiated on the same material, quashing three remand orders and directing the petitioner's immediate release. The decision reinforces procedural safeguards against parallel coercive actions by the Enforcement Directorate.
NCLAT quashed NCLT orders directing ED and CBI investigations under Section 213(b) without recording satisfaction of statutory prerequisites or hearing affected parties, holding that procedural safeguards are mandatory before ordering corporate investigations.
Punjab & Haryana High Court rules that anticipatory bail in economic offences is extraordinary and can only be granted if the accused is prima facie falsely implicated. Custodial interrogation is deemed essential to prevent investigation frustration, reinforcing that economic offences warrant stricter scrutiny under criminal law.
The Calcutta High Court has ruled that the Enforcement Directorate must serve Relied Upon Documents in physical, bound paper form under Rule 13(2) of PMLA Regulations - electronic PDFs alone violate procedural fairness. This sets a critical precedent for ensuring meaningful opportunity to respond in money laundering adjudications, affecting all respondents facing show cause notices under the PMLA.
High Court of Telangana grants conditional suspension of LOC for business travel, emphasizing compliance with court-imposed obligations and non-arbitrary detention.
Punjab & Haryana High Court holds that Enforcement Directorate must comply with prior judicial orders releasing home buyers' properties; procedural delay violates due process.
Madras High Court holds that PMLA proceedings cannot survive when the underlying predicate offence is quashed, establishing a critical link between predicate and money laundering charges.
Madhya Pradesh High Court holds that Section 17 PMLA searches require credible material establishing proceeds of crime; mere suspicion or scheduled offence insufficient.