Jacqueline Fernandez Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court held that plea for quashing ECIR pre-trial by Jacqueline Fernandez in alleged corruption case cannot be accepted as the matter involves serious economic offences. Accordingly, appeal dismissed.
Facts- In August 2021, a complaint was lodged by Aditi Shivinder Singh (complainant) before DCP Special Cell, alleging extortion of crores of money from her since June 2020. She alleged that she had been receiving calls from persons impersonating as senior officials of the Government of India and had been duped into parting with funds of about Rs.200 crores. On 7thAugust 2021, complainant informed that a further demand of 1 crore had been made. A trap was accordingly laid to trap the receiver of the extortion money.
This petition has been filed by the petitioner seeking quashing of ECIR/DLZO-II/54/2021 dated 8th August 2021 (‘impugned ECIR’) and 2nd supplementary complaint dated 17th August 2022 (‘impugned complaint’) filed under Sections 3 & 4 of The Prevention of Money Laundering Act 2002, (‘PMLA’) by the Directorate of Enforcement / Respondent (‘ED’) and all subsequent proceedings emanating therefrom, pending before the ASJ /Special Court PMLA, Patiala House Courts, Delhi in Complaint Case 123/2021.
Conclusion- Held that an accused in PMLA case who comes into the picture after the scheduled offences have been committed, by assisting in concealment or use of the ‘proceeds of crime’, need not be an accused in the scheduled offence. Such an accused can still be prosecuted under PMLA. The contention of appellant’s counsel was, therefore, rejected.
