J&K High Court Rules FIR Discharge Doesn’t Bar PMLA Proceedings
The High Court dismissed N Kansal’s plea to quash an ECIR under the PMLA, upholding the ED’s authority to summon individuals irrespective of FIR discharge.
Overview
- The court held that discharge or quashing of a FIR does not automatically nullify an Enforcement Case Information Report filed under the Prevention of Money Laundering Act.
- A bench led by Justice Wasim Sadiq Nargal dismissed N Kansal’s petition as devoid of merit, rejecting challenges to ED summons under Section 50 and related search and seizure actions.
- The judgment affirms that money laundering under Section 3 of the PMLA is a distinct, ongoing offence evaluated independently from predicate scheduled offences.
- Summons issued under Section 50 of the PMLA are intended to gather factual evidence and do not by themselves designate the recipient as an accused in a money laundering probe.
- The ruling clarifies that Enforcement Directorate investigations can proceed under the PMLA even when the underlying FIR is quashed, preserving procedural safeguards and investigative integrity.