Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | seizure of large amount of currency notes and gold from the appellant Prevention of Money Laundering Act 2002: ss. 3 and 4 – On facts |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Money Laundering Act, 2002: ss. 3 and 4 – On facts, seizure of large amount of currency notes and gold from the appellant – Registration of FIR against the appellant under the provisions of PMLA in addition to schedule offences under the Penal Code and Prevention of Corruption Act – Petition seeking quashing of proceedings – Dismissed by the High Court – On appeal, held: Chances to prove the allegations in the court are very bleak – CBI filed closure report in respect of the FIR registered with respect scheduled offence – Schedule offence not made out because of lack of evidence – In cases of PMLA, allegations must be proved beyond reasonable doubt, the the court cannot proceed on the basis of preponderance of probabilities – Order of attachment of property not confirmed by the adjudicating authority holding that the said allegations based on speculations and not on any specific material – For the currency seized, the tax is already paid – Department unable to collect any incriminating material and also not produced before this Court even after a lapse of 5 1D 2 years to prove its case beyond reasonable doubt – From the material collected by the Agency, they themselves not satisfied that the offence under PMLA could be proved beyond reasonable doubt – High Court recorded the finding without due consideration of the letter of the I.T. Department and other material in right perspective – Thus, the findings of the High Court cannot be sustained and the order is set aside – Code of Criminal Procedure, 1973 – s. 482. |
Judge | N/A |
Neutral Citation | 2022 INSC 519 |
Petitioner | J. Sekar @sekar Reddy |
Respondent | Directorate Of Enforcement |
SCR | [2022] 3 S.C.R. 698 |
Judgement Date | 2022-05-05 |
Case Number | 738 |
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