Case Law Details
Pawan Insaa Vs Directorate of Enforcement (Punjab and Haryana High Court)
The case of Pawan Insaa versus Directorate of Enforcement brought before the Punjab and Haryana High Court revolves around the quashing of an Enforcement Case Information Report (ECIR). The petitioner challenges the legality of the ECIR, alleging it as an abuse of legal process. However, the court’s decision sheds light on the nature of ECIR and its implications under the Prevention of Money Laundering Act (PMLA).
The petitioner sought the quashing of ECIR/01/CDZO/2018, contending it to be illegal and an abuse of process of law. Central to the argument was the petitioner’s discharge from scheduled offences under Sections 121 and 121-A IPC by the trial court. The petitioner relied on legal precedents indicating that once discharged of predicate offences, proceedings under PMLA should cease.
However, the Directorate of Enforcement (ED) countered, emphasizing the continuing relevance of Section 120-B IPC, one of the alleged scheduled offences. The ED argued that as long as any scheduled offence persists, proceedings can proceed against the petitioner.
The court scrutinized the nature of an ECIR, distinguishing it from an FIR under the Cr.P.C. It highlighted that an ECIR is an administrative document preceding criminal prosecution, governed by PMLA. The court concurred that ECIR falls outside the purview of the court’s inherent jurisdiction under Section 482 Cr.P.C., thus denying the petition for quashing.
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