Bombay High Court Quashes PMLA Proceedings Against Nagpur-Based Lawyer Kishore Dewani In Anil Deshmukh Money Laundering Case
· Free Press Journal
Mumbai, Feb 24: The Bombay High Court has set aside money laundering proceedings initiated against Nagpur-based lawyer Kishore Pessulal Dewani in connection with the alleged corruption and kickbacks case involving former Maharashtra Home Minister Anil Deshmukh.
Justice Ashwin Bhobe ruled that the Enforcement Directorate (ED) failed to demonstrate any link between Dewani’s property dealings and the alleged proceeds of crime said to have arisen from the corruption case against Deshmukh and others.
Visit asg-reflektory.pl for more information.
Special court order and ED complaint set aside
Dewani had moved the High Court challenging a September 16, 2021 order of a special court under the Prevention of Money Laundering Act (PMLA), which had taken cognisance of the ED’s prosecution complaint and issued process against him.
Granting relief, Justice Bhobe quashed both the special court’s order and the complaint, observing that the transactions relied upon by the ED were carried out years before the alleged commission of the scheduled offence. The court noted that property purchases made between 2005 and 2007 could not, on the face of it, be connected to offences allegedly committed during 2020–2021.
“Even assuming ED’s case that the moneys were transferred to the Trust account of the principal accused, Anil Deshmukh, from 2013, the property purchased in 2005–2007 would still have no connection to the proceeds of crime,” the court said.
No material linking land deal to alleged tainted funds
The ED’s action originated from a First Information Report registered by the Central Bureau of Investigation (CBI) on April 21, 2021, accusing Deshmukh and unidentified persons of facilitating illegal collections from bar and restaurant owners in Mumbai between 2020 and 2021.
Based on this, the ED filed a complaint naming Dewani as a director of Premier Port Links Pvt Ltd, a company that had acquired around 20 acres of land at Dhutum village in Maharashtra between 2004 and 2008. The agency alleged that Rs 2.20 crore received by the company from Flourish Properties Pvt Ltd — allegedly linked to the Deshmukh family — represented laundered funds and that Dewani had aided their concealment.
Rejecting the allegations, Justice Bhobe found no material indicating that the land transactions were connected in any manner with the alleged tainted money or that Dewani had participated in any activity involving proceeds of crime under the PMLA.
Also Watch:
Bombay HC Lifts Stay On Banks’ Fraud Classification Action Against Anil Ambani And Reliance Communications, Says RBI Norms Protect Public Money“The order dated 16.09.2021 passed by the Designated Court… does not indicate that the Designated Court applied its mind to the material, if any, available against the Applicant,” the court observed.
Concluding that the legal requirement of “sufficient ground for proceeding” was not met, the court held that there was no prima facie basis to continue proceedings against Dewani and accordingly granted him relief.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/