Sanction Not Required for PMLA Prosecution of Public Servant When Act Not in Official Duty: Rajasthan HC

Ved Prakash Yadav Vs Directorate of Enforcement (Rajasthan High Court) The petitioner, Ved Prakash Yadav, a public servant, filed a petition challenging the order dated 21.03.2024 passed by the Special Judge, PMLA and CBI Cases No.3, Jaipur Metro-I, which took cognizance against him under Section 3/4 of the Prevention of Money Laundering Act, 2002 (PMLA). Arguments Presented The petitioner’s counsel argued that as a public servant, the prosecution was invalid because the respondent (Directorate of Enforcement) failed to obtain the required prosecution sanction under Section 218 of the Bh...