Supreme Court of India

Directorate of Enforcement v. Bibhu Prasad Acharya, Etc.

Neutral citation
Reported as [2024] 11 S.C.R. 510
Bench Abhay S. Oka and Augustine George Masih JJ.
Decided 6 November 2024

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that in view of Section 65 of the PMLA, Section 197(1) will apply to the provisions of the PMLA, Section 71 cannot be invoked to say that the provision of Section 197(1) of CrPC will not apply to the PMLA. A provision of Cr.

Judgment, page 13

From the headnote

Issue for Consideration The appellant filed complaints against the respondents and others u/s.44(1)(b) of the Prevention of Money Laundering Act, 2002. The Special Court took cognizance of the complaints and issued summons to the respondents and other accused persons. However, the High Court held that it was necessary to obtain prior sanction under sub-section (1) of s.197 of the Code of Criminal Procedure, 1973 and quashed the orders of taking cognizance passed by the Special Court on the complaints only as against the said respondents. Headnotes† Prevention of Money Laundering Act, 2002 –

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