arising out of ECIR No. 14/STF/2019 registered
under Sections 3/4 PMLA by the respondent/ED.
Factual Background
2. Briefly stated, the facts ... Prosecution Complaint
4. On 18.10.2019, the ECIR in question came to be registered against the
applicant and others under Sections 3/4 PMLA. During investigation
also for offences punishable
under Sections 120B IPC and 411 IPC , proceedings under Section 3 / 4 of the
PMLA have been rightly invoked. Even, based ... offences punishable under Sections 3 / 4 / 5 of
the Official Secrets Act but for offences punishable under Section 3 / 4
PMLA. Considering that the predicate
Complaint Case No.535 of 2021 under Section 3 read with Section 4 of the PMLA, pending in the Court of Special Judge, PMLA Court ... proceedings under the PMLA. Section 4 of the PMLA also does not provide that the offence under Section 3 of the PMLA would be punishable
Definition Clause 25-36
• Section 3 of the 2002 Act 37-55
• Section 5 of the 2002 Act 56-70
• Section ... scheduled offences overlapping with Sections
3 and 4 of the PMLA. However, the safeguards provided are nowhere
uniform. The same is unreasonable and manifestly arbitrary66
Money
Laundering Act, 2002 ?
3. Whether the twin conditions for grant of bail as provided for in Section 45 of
the Prevention of Money Laundering ... proof under PMLA violate
fundamental rights of the accused persons?
6. What are the contours of the offence under Section 3 of the PMLA? Does
acting on the Complaint took
cognizance of the offence under sections 3 and 4 PMLA and
summoned 21 persons/entities including the applicant besides seven ... dated 15.06.2021 under
sections 44 and 45 PMLA for commission of offence of money
laundering as defined under sections 3 and 4 of PMLA which
arising out of ECIR
No.11/HIU/2021 registered under Sections 3/4 PMLA by the
respondent/ED.
Signature Not Verified
Digitally Signed
Bail Appl ... pending.
The Prosecution Complaint
3. The present ECIR was recorded by the respondent under Sections
3/4 of the PMLA, followed by filing
complaint against the applicant has been
filed for offences under Sections 3 / 4 PMLA. On a plain reading of the
judgment passed by the Dubai ... applicant and as a
necessary corollary, the offence under Sections 3 / 4 PMLA is also not made
out.
(B) That the applicant deserves bail also
that petitioner has indulged in the offence punishable under
Sections 3 & 4 of PMLA. On the basis of aforesaid material collected during raid,
Enforcement ... perusal of aforesaid provisions contained under Section 3 , reveals that
to book a person under section 3 of PMLA, it is incumbent upon investigating Agency
Section 45 of the PMLA was filed by the ED against all the
Respondents for commission of offence under Section 3 of the PMLA ... learned Additional
Sessions Judge discharged the Respondents of Section 3 / 4 of the PMLA
CRL REV P 493/2017
Signature Not Verified Page
