JUDGEMENT OF THE HON’BLE HIGH COURT OF DELHI IN THE CASE TITLED “APRAJITA KUMARI & ANR VS. JOINT DIRECTOR, ENFORCEMENT DIRECTORATE & ANR, (2018) 01 DEL CK 0304” CONCERNING OFFENCES UNDER PREVENTION OF MONEY LAUNDERING ACT
Aprajita Kumari & Anr vs. Joint Director, Enforcement Directorate & Anr, (2018) 01 DEL CK 0304 PARA NO. 19 19. While the trial for the offence under Sections 3 and 4 PMLA would be conducted before the concerned criminal court, the enactment also provides for departmental proceedings by the authorities specified under the PMLA itself. Chapter III of the PMLA is entitled ''Attachment, Adjudication and Confiscation''. Under Section 5 (1) PMLA, if a Director or any other officer not below the rank of Deputy Director (who is authorised by the Director for the purposes of the said provision) has reason to believe (the reason for such belief to be recorded in writing) on the basis of material in his possession that- "(a) any person is in possession of any proceeds of crime; and (b) such proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such pro...