Practice area

PMLA and economic offence petitions

Bail, quashing and writ petitions arising from Enforcement Directorate and economic offence investigations.

Economic offence cases often involve parallel proceedings: a predicate offence investigated by the police or another agency, and a money-laundering case under the Prevention of Money Laundering Act, 2002 (PMLA) pursued by the Directorate of Enforcement. In Vijay Madanlal Choudhary v. Union of India (2022), the Supreme Court upheld key provisions of the Act.

What this work involves

• Bail under the PMLA, where Section 45 sets stricter conditions than ordinary bail
• Challenges to summons, arrest and attachment, including petitions before the High Court where the facts justify it
• Quashing of the predicate offence, which can affect the money-laundering case
• Protection against coercive steps during investigation
• Related economic offences, such as cheating, criminal breach of trust, forgery and bank fraud
• Release of seized and frozen property
• Appeals from orders of the Adjudicating Authority and the Appellate Tribunal in suitable cases

Approach

The two tracks are examined together. A strategy that ignores the interplay between the predicate case and the money-laundering case can miss important arguments.

Frequently asked questions

What is a scheduled offence under the PMLA?

It is an offence listed in the Schedule to the Act. A PMLA case generally requires an underlying scheduled offence.

Can a PMLA case continue if the predicate offence is quashed?

Courts have held that if the predicate offence is quashed or the person is discharged, the money-laundering case based on it cannot ordinarily proceed. The exact position depends on the facts.

Related reading