Case Law Details
Jeevan Kumar Vs Dy. Director Directorate of Enforcement (Delhi High Court)
Introduction: The Delhi High Court recently ruled on the quashing of a complaint filed by the Directorate of Enforcement (ED) under the Prevention of Money Laundering Act (PMLA) against Dr. Jeevan Kumar. The petitioner sought relief under section 482 Cr.P.C. following his acquittal in the predicate offence related to illegal kidney transplantation.
Detailed Analysis: The case originated from an FIR registered by CBI, alleging offenses under IPC and Transplantation of Human Organs Act. The ED filed a complaint under PMLA, linking Dr. Jeevan Kumar’s earnings to criminal activity. However, the trial court acquitted him of all charges in 2013, a decision that attained finality.
The petitioner argued that the ED complaint was not maintainable after the acquittal, citing relevant legal precedents. The court considered judgments like Vijay Madanlal Choudhary, Harish Fabiani, and Nayati Healthcare, emphasizing that the ED cannot pursue money-laundering charges if the scheduled offence is quashed or the accused is acquitted.
The court referred to a Supreme Court order dismissing an SLP related to a similar issue, reinforcing that no money-laundering charges can persist if the predicate offense is quashed. It further highlighted a Telangana High Court case supporting the quashing of PMLA complaints upon discharge/acquittal in the scheduled offence.
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