Money laundering cognizance against public servant without previous sanction untenable: Supreme Court

Directorate of Enforcement Vs Bibhu Prasad Acharya (Supreme Court of India) Supreme Court held that cognizance of the offence under section 3 of the Prevention of Money Laundering Act, 2002 against the public servant without obtaining previous sanction under section 197(1) of the Code of Criminal Procedure, 1973 untenable in law. Facts- The appellant has filed complaints against the respondents and others under Section 44(1)(b) of the Prevention of Money Laundering Act, 2002 (for short, ‘the PMLA’). The complaint is for an offence under Section 3 of the PMLA, which is punishable under Sect...