Special Court - The Legal Chamber

Supreme Court on PMLA: Statutory Appeal Must Be Exhausted Before Seeking Quashing, Rules in JSW Case

1Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court on PMLA: Statutory Appeal Must Be Exhausted Before Seeking Quashing, Rules in JSW Case

The Supreme Court declined to quash the PMLA proceedings, holding that the statutory appellate mechanism under the Act must be exhausted first. The Court emphasized that the Appellate Tribunal is the appropriate forum to determine whether the attached property constitutes "proceeds of crime" and if its withdrawal violated the law, thereby refusing to exercise its extraordinary jurisdiction at this stage. Facts Of The Case: JSW Steel Limited entered into a contract with Obulapuram Mining Company (OMC) for the supply of iron ore, making an advance payment. After OMC and its associates, including Ananthpur Mining Corporation (AMC), partially supplied the ore, they failed to complete the supply. JSW initiated arbitration, which resulted in an award directing a refund of the outstanding b...

Supreme Court’s Balancing Act in UAPA Bail Appeals :Trial Delay vs. Terror Charges

The Supreme Court, while dismissing appeals against bail grant and refusal under the UAPA, emphasized the prima facie test for bail under the stringent Act. It declined to interfere with the High Court's reasoned analysis of the chargesheet evidence, distinguishing the roles of the accused. The Court underscored the right to a speedy trial, directing the conclusion of proceedings within two years due to the accused's prolonged incarceration. Facts Of The Case: The case originated from an FIR registered in January 2020 against 17 individuals, including Saleem Khan (Accused No. 11) and Mohd. Zaid (Accused No. 20), for alleged conspiracy under the IPC and various offences under the UAPA and Arms Act. The allegations involved connections with terrorist activities and organisations. The inves...

CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case

The Supreme Court upheld that additional documents can be produced by the prosecution even after the charge sheet is filed, especially if inadvertently omitted. The Court reiterated that Section 173(5) of the CrPC is directory, not mandatory, and permits the production of documents gathered before or after investigation with court permission. The judgment clarifies that the authenticity of such documents remains an open issue to be proved during trial. Facts Of The Case: An FIR was registered on May 3, 2013, for offences under the IPC and the PC Act. The dispute involves two Compact Discs (CDs). Between January 8, 2013, and May 1, 2013, the Ministry of Home Affairs permitted the interception of telephone calls of several accused and one Manoj Garg. On May 4 and May 10, 2013, two CDs cont...