Sets Aside Clean Chit To Accused’s Aide Representative image NEW DELHI”As per section 17 of PMLA, a search can be conducted on the premises of ‘any person’ who has committed any act which constitutes money laundering or is in possession of proceeds of crime, or is in possession of any records relating to money laundering, or is in possession of any property related to crime. Though as per proviso (since omitted), there was a pre-condition of there being a complaint or report, it was never the requirement of law that any such ‘report’ or ‘complaint’ should also be against the ‘same very person’,” a bench of Justices Vivek Chaudhary and Manoj Jain noted Friday.The court noted that a person may be in possession of proceeds of crime but still may not be accused of any scheduled offence or offence of money laundering.”In a given situation, a person can be a recipient of proceeds of crime without having any criminal intent and, therefore, it is not necessary that any such person should be an accused in a prior complaint or report. Thus, a search was permissible once the conditions specified under Section 17 of PMLA were satisfied,” it pointed out, setting aside the clean chit given to an associate of a PMLA accused.While attachment under PMLA is made on account of urgency as there is also a likelihood of the proceeds being concealed or transferred, no such pre-condition, generally speaking, exists while conducting any search and seizure, the court said.The case stemmed from an appeal filed by ED against a tribunal’s direction to de-freeze cash and electronic devices seized during a 2016 search at the premises of one Amlendu Pandey, who was not an accused in the original prosecution complaint filed in 2011 against alleged hawala operator Hassan Ali Khan. Pandey later passed away.About the AuthorAbhinav GargAs legal editor for Delhi, Abhinav Garg handles coverage of courts and connected legal challenges shaping the capital. From breaking down complex law related jargon to simplifying how a particular verdict or development in courts may impact the readers, Abhinav brings with him over two decades of experience in the field.Read MoreEnd of ArticleFollow Us On Social MediaVideosTrump Says He Brokered Eight Peace Deals Including India And Pakistan During Mamdani MeetUP Gears Up For Biggest Crackdown Yet As CM Yogi Mandates Detention Hubs For Illegal ImmigrantsModi, Meloni Share Warm Laughter on G20 Sidelines in Johannesburg‘In memory of our brothers’: Russian Pilot’s Heartfelt Note For Indian Tejas Pilot After Dubai Crash’Objective Is To Destroy The Enemy’: Op Sindoor Echoes As Indian Army Vows Stronger Response to PakIndian Army Chief Reveals How A Trusted Orchestra Crushed Nine Targets in Operation Sindoor BlitzManipur Sangai Festival 2025- ThemeAt G20 Summit, PM Modi Proposes Global Knowledge, Skills, Health And Security Initiatives For FutureSangai Festival 2025 Opening CeremonyEx-VP Jagdeep Dhankhar Breaks Silence, Calls Out Narrative Traps With Cryptic Reference To His Past123PhotostoriesFrom Bengal to B-town, actors who found fame in Hindi filmsLaughter Chefs 3: From new jodis of Vivian Dsena-Eisha Singh, Gurmeet-Debina to Tejasswi Prakash-Karan Kundrra teaming up together: Highlights from the new season3 Ayurveda-approved fruit rules to boost digestionFrom Harman Sidhu to Danish Zehen: Indian celebrities who died in tragic road accidents7 high-protein breakfast shakes with 20g per glassMillion-dollar executives: Meet top 5 highest-paid CXOs in India FY259 behaviours that slowly destroy relationships over timeTop 4 home remedies to reduce bloating and boost digestion naturallyKartik Aaryan to Sara Tendulkar: 5 best celebrity looks of the daySilent signs of bullying every parent should pay attention to123Hot PicksDelhi AQI TodayBihar Minister List 2025Bihar CM Oath CeremonyGold rate todaySilver rate todayPublic Holidays NovemberBank Holidays NovemberTop TrendingFantasy Football Injury ReportSavannah JamesBrittany MahomesTaylor SwiftTravis KelceChris Blake GriffithJosh Allen InjuryCharvarius WardFortnite Chapter 7 LeakedCade Cunningham
NEW DELHI“As per section 17 of PMLA, a search can be conducted on the premises of ‘any person’ who has committed any act which constitutes money laundering or is in possession of proceeds of crime, or is in possession of any records relating to money laundering, or is in possession of any property related to crime. Though as per proviso (since omitted), there was a pre-condition of there being a complaint or report, it was never the requirement of law that any such ‘report’ or ‘complaint’ should also be against the ‘same very person’,” a bench of Justices Vivek Chaudhary and Manoj Jain noted Friday.The court noted that a person may be in possession of proceeds of crime but still may not be accused of any scheduled offence or offence of money laundering.“In a given situation, a person can be a recipient of proceeds of crime without having any criminal intent and, therefore, it is not necessary that any such person should be an accused in a prior complaint or report. Thus, a search was permissible once the conditions specified under Section 17 of PMLA were satisfied,” it pointed out, setting aside the clean chit given to an associate of a PMLA accused.While attachment under PMLA is made on account of urgency as there is also a likelihood of the proceeds being concealed or transferred, no such pre-condition, generally speaking, exists while conducting any search and seizure, the court said.The case stemmed from an appeal filed by ED against a tribunal’s direction to de-freeze cash and electronic devices seized during a 2016 search at the premises of one Amlendu Pandey, who was not an accused in the original prosecution complaint filed in 2011 against alleged hawala operator Hassan Ali Khan. Pandey later passed away.
