Criminal & Cyber Law
ED / PMLA Matters
Summons, attachment and prosecution under the Prevention of Money Laundering Act, 2002.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
The Directorate of Enforcement (ED) investigates money laundering under the Prevention of Money Laundering Act, 2002 (PMLA). Money laundering is linked to a 'scheduled offence' listed in the Act. The ED can summon persons to give evidence and produce documents (Section 50), provisionally attach property (Section 5), which an Adjudicating Authority then examines, and arrest where the statutory conditions are met (Section 19). The offence is punishable with rigorous imprisonment of at least three and up to seven years, or up to ten years in some drug-related cases, and fine. Bail is subject to the conditions in Section 45, as interpreted by the courts.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
What should I do if I receive an ED summons?
Do not ignore it. Note the date, the documents asked for and the capacity in which you are called. Take advice before appearing, and keep copies of everything you hand over.
What is provisional attachment?
The ED can provisionally attach property it believes to be proceeds of crime for a limited period. The Adjudicating Authority then decides whether to confirm it, and its order can be appealed to the Appellate Tribunal and then to the High Court.
What is the punishment under the PMLA?
Rigorous imprisonment of not less than three years and up to seven years (up to ten years where the scheduled offence is under the NDPS Act), and fine. Confiscation of property can also follow.
Can ED action be challenged?
Yes, through the remedies the Act provides (adjudication and appeals) and, in appropriate cases, a writ petition in the High Court. Which route fits depends on the stage and the order involved.
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