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ED to officers: Don’t register PMLA cases only under criminal conspiracy

By IndianMandarins- 24 Dec 2024
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New Delhi (24.12.2024): The Enforcement Directorate (ED) has asked its officials not to rely just on the provisions of "criminal conspiracy" while registering a money laundering case, but also add more sections such as 66 (2) of PMLA to ensure they stand court scrutiny. 
This direction came after the recent court rulings including the Supreme Court stating that section 120-B of IPC (now 61 (2) of BNS) cannot be a standalone predicate offence for registering a criminal case under PMLA Act. Courts quashed cases against important accused including Chhattisgarh IAS officer Anil Tuteja and Karnataka Dy CM DK Shivkumar. This has led to change the ED's strategy.
The ED has asked its investigators to effectively put to use provisions of the section 66 (2) of the PMLA which allows to share information about an offence with predicate agency like the police or customs to file a fresh FIR on the basis of which the agency can file its money laundering case.
It has been directed that in order to build water tight case, other sections of the law that are listed in the schedule of the PMLA should be applied in the ED FIR.

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