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1 - 10 of 21 (0.23 seconds)Article 226 in Constitution of India [Constitution]
Section 3 in The Prevention of Money-Laundering Act, 2002 [Entire Act]
The Customs Act, 1962
The Foreign Exchange Management Act, 1999
Section 13 in The Prevention of Corruption Act, 1988 [Entire Act]
Manohar Lal vs Union Of India And Ors. on 12 January, 1970
39 In view of the above discussion, we hold that in the absence of there
being any predicate offence under the Customs Act, 1962, for the present, and the
fact that the alleged offence under the FEMA, 1999, is not a predicate offence
under the PML Act, 2002, it follows that there cannot be any offence of money-
laundering under Section 3 of the PML Act, 2002 qua these offences.
Consequently, a writ of mandamus is issued restraining the Enforcement
Directorate from exercising its powers under the PML Act, 2002, qua the
https://www.mhc.tn.gov.in/judis
Page 30 of 33
W.P. No.24700 of 2021
investigation of alleged money-laundering in respect of these offences alone. We
make it abundantly clear that we have not interdicted the investigation pertaining
to the allegations of money-laundering qua the predicate offences forming the
subject matter of FIR No.RC 219 2014E 0018 which is being investigated by the
CBI. These investigations will proceed in terms of the directions/orders of the
Supreme Court in Manohar Lal Sharma v Union of India9, unhindered, and
uninfluenced by any of the observation(s)/direction(s) made in this order.