Prevention of Money Laundering Act, 2002 (hereinafter referred to
as " PMLA Act "). Since the petitioner apprehends arrest by E.D., he
has approached ... pertinent to mention here that the
Constitution validity of PMLA Act shall put to test in the case of
Bijay Madanlal Choudhury and others
Money Laundering Act, 2002 [hereinafter to be referred to
as PMLA Act, 2002 , for short] alleging therein that (i) the complaint case
under the PMLA ... therefore, the present complaint under Section 44 and 45 of the
PMLA Act, 2002 was initiated against the petitioner.
4. Mr. S.D.Sanjay
offence under PMLA involves three tests - the
commission of an act, the said act resulting in proceeds of crime, and the
projection of the proceeds ... urged that by virtue of the Finance Act, 2018 , the only amendment
made in Section 45(1) PMLA is that the term "punishable
this Act, to arrest, search and seizure, attachment,
confiscation investigation, prosecution and all other
proceedings under this Act.
Section 71 of the PMLA
71. Act ... PMLA proceedings as long as they are
not inconsistent with the provisions of PMLA. In other words, if any
inconsistency exists between PMLA
Bikram Singh Majithia vs State Of Punjab on 24 January, 2022
Author: Lisa Gill
Bench
PMLA. ...PMLA has an overriding effect and the
provisions of CrPC would apply only if they are not
inconsistent with the provisions of this Act ... grant of
anticipatory bail in connection with PMLA offence, the
mandate of Section 45 of the PMLA Act would not come into
play.
Mr. Dama
Girls Act, 1956 and PNDT Act, this Court deems appropriate to
refer to provisions of another Act also i.e. PMLA Act ... three Special Acts would show the following marked distinctions
in the Acts :-
(i) Under Section 45(1A) of the PMLA Act, it has been
under Section 50(2) of the
Prevention of Money Laundering Act, 2002 ("PMLA") to the
Petitioner by the Respondent under the ECIR seeking ... PMLA would provide that the
authorities under Section 48 of the PMLA, in the exercise of their
powers under the PMLA are not territorially restricted
CrPC. are not
applicable to the cases under the PMLA Act . This
position in law stated by the trial court does not
appear ... person under the Act should be only in
accordance with Section 19 of the said Act. The purpose
of the Act under section
this Act, to arrest, search and seizure, attachment,
confiscation investigation, prosecution and all other
proceedings under this Act.
Section 71 of the PMLA
71. Act ... PMLA proceedings as long as they are
not inconsistent with the provisions of PMLA. In other words, if any
inconsistency exists between PMLA