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‘Stringent, higher standard’: SC upholds validity of PMLA provision on arrest



The Supreme Court on Wednesday upheld the validity of Section 19 of the Prevention of Money Laundering Act (PMLA), which postulates the manner of arrest of a person involved in money laundering, saying that safeguards are provided in the Act and the preconditions to be fulfilled by the authorised officer before effecting arrest, are equally stringent and of higher standard.

A bench, headed by Justice A.M. Khanwilkar and comprising Justices Dinesh Maheshwari and C.T. Ravikumar said: “We have no hesitation in upholding the validity of Section 19 of the 2002 Act. We reject the grounds pressed into service to declare Section 19 of the 2002 Act as unconstitutional.”

The bench added that such a provision has reasonable nexus with the purposes and objects sought to be achieved by the Act of prevention of money laundering and confiscation of proceeds of crime involved in money laundering, including to prosecute persons involved in the process or activity connected with the proceeds of crime.

The PMLA is a comprehensive legislation, not limited to provide for prosecution of persons involved in the offence of money laundering, but mainly intended to prevent money laundering activity and confiscate the proceeds of crime involved in money laundering, it said.

The bench added that this legislation is an amalgam of different facets including setting up of agencies and mechanisms for coordinating measures for combating money laundering.

“It is not as if after every inquiry, prosecution is launched against all persons found to be involved in the commission of offence of money laundering. It is also not unusual to provide for the arrest of a person during such inquiry before filing of a complaint for indulging in alleged criminal activity,” it noted.

The top court said it is, thus, obliging the person to be obedient to law. “The safeguards provided in the 2002 Act and the preconditions to be fulfilled by the authorised officer before effecting arrest, as contained in Section 19 of the 2002 Act, are equally stringent and of higher standard,” added the bench, in its 545-page judgment.

The top court said safeguards ensure that the authorised officers do not act arbitrarily, but make them accountable for their judgment about the necessity to arrest any person as being involved in the commission of offence of money laundering even before filing of the complaint before the special court under Section 44(1)(b) of the 2002 Act.

“Suffice it to observe that this power has been given to the high-ranking officials with further conditions to ensure that there is objectivity and their own accountability in resorting to arrest of a person even before a formal complaint is filed under Section 44(1)(b) of the 2002 Act.

“Investing of power in the high-ranking officials in this regard has stood the test of reasonableness.”

The top court clarified that the authorities under the 2002 Act are not police officers.

“Ex-consequenti, the statements recorded by authorities under the 2002 Act, of persons involved in the commission of the offence of money laundering or the witnesses for the purposes of inquiry/investigation, cannot be hit by the vice of Article 20(3) of the Constitution or for that matter, Article 21 being procedure established by law,” it added.

The bench noted that in a given case, whether the protection given to the accused who is being prosecuted for the offence of money laundering, of Section 25 of the Evidence Act is available or not, may have to be considered on a case-to-case basis being the rule of evidence.

The petitioners had argued that the procedure being followed under the PMLA is draconian as it violates the basic tenets of the criminal justice system and the rights enshrined in Part III of the Constitution, in particular Articles 14, 20 and 21.


Zomato Shares Hit 52 Week High Today,Back Near IPO Price After Two Years




The shares of Zomato Ltd record a one year high with stock gained nearly 53 per cent in the last 52 week. The stock of Zomato is witnessing a surge of Rs 77.35 a share, a level last seen on April 26, 2022.

In the end of March 2023, Zomato share dropped down at Rs 50 apiece. The stock was trading at Rs 77 on BSE at 1pm, up by 1.64 per cent from the previous close.

Since March, the stock gain a rise of nearly 53 per cent. It is still down 52 percent from its record closing high of Rs 160.30 hit on November 15, 2021.

After entering the new financial year, the shares of Zomato has increased around Rs 50 to Rs 77 apiece levels. The company shares had started signaling about the end of base building mode in January 2023 when it rebounded from Rs 47 apiece levels and sustained above this fresh bottom made after bouncing back from 52-week lows of Rs 40.60 apiece made in July 2022.

Zomato Ltd Shares

The shares of Zomato on Friday at 3:30pm IST were at Rs 77.90, up by 2.77 per cent.

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Pune News: Big news! Pune IAS officer caught in CBI raid, accepting bribe




Cbi Raid on Ias Officer Dr Anil Ganpatrao Ramod: A big news has come to the fore from Punya. CBI has conducted raids on IAS officers. Dr. Anil Ganpatrao Ramod is an IAS officer and is the Additional Divisional Commissioner of Pune. He has been caught red handed by the CBI accepting the offer.

According to the information received, Anil Ramod, who is facing the highway, would have demanded Lachechi to get the return soon. The complainant would have filed a complaint with the CBI in respect of or. Intervening in the complaint received, the CBI raided and caught Anil Ramode red-handed accepting a bribe of Rs.8 lakh.

Stuck in taking promotion and bribe for two days

Meanwhile, Alikadech Satariat got promoted to the post of Faujdar and got stuck for two days, but while taking the bribe, the police station staff got stuck. Or a greedy police officer, taking a bribe of Rs 24,000 to help the accused in the crime of treachery of marriage, caught by the Prohibition Department on a family promise.

Ya Faujdarache Nao Machindra Baburao Sasane Asan Aahe. If the police station accepted the bouquet, the same police station or criminal offense was registered.

And in the second incident, the police station police station’s police officer filed a complaint regarding the property, for not registering the crime, and for not registering the accused, the complainant was fined 20 thousand rupees and then 12 thousand rupees. Either in the case itself or in the form of Bribe, the Prohibitory Department has caught red handed. Nitin Dashrath More, ase ya faujdarache nao aahe.

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Bengal govt challenges Calcutta HC’s twin orders in minor rape-murder case




The West Bengal government on Friday challenged the twin orders of a single-judge bench of the Calcutta High Court in connection to the rape and murder of a minor girl in Kaliganj, North Dinajpur district.

The two orders by the High Court’s single-judge bench of Justice Rajasekhar Mantha have been challenged at the division bench headed by Chief Justice T.S. Sivagnanam and comprising Justice Hiranmay Bhattacharya.

The first order pertains to the formation of a special investigation team to probe the case, while the second is related to Justice Mantha seeking a report from the state’s Home Department on the police allegedly refusing to cooperate with the SIT.

Despite a petition was filed at the High Court demanding a Central Bureau of Investigation (CBI) probe in the matter, Justice Mantha constituted the SIT comprising the-then Special Commissioner of Kolkata Police, Damayanti Sen, retired IG Pankaj Dutta, and retired Joint Director of CBI, Upen Biswas.

Justice Mantha and specifically directed the state police to fully cooperate with the SIT.

Sen has however, been transferred from her current posting to a lesser significant post of additional director general (training) of state police.

Justice Mantha’s bench recently received complaints against the state police for not cooperating with the SIT.

Taking strong exceptions, Justice Mantha on Thursday sought a report from the Home Department within seven days.

The rape and murder case took place in April.

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