Economic Offences Cannot be Quashed Without Trial : Supreme Court

Economic Offences Cannot be Quashed Without Trial : Supreme Court

  • Case Name: Pradeep N Sharma vs Directorate Of Enforcement

The Supreme Court refused to quash proceedings against former Gujarat IAS officer Pradeep Sharma in a money laundering linked to alleged illegal land allotment in 2004-05. 

The court emphasized that economic offenses must undergo a full-fledged trial. 

Senior Advocate Kapil Sibal, representing Sharma, argued that the alleged offenses occurred before the PMLA was enacted, challenging its retrospective application.

However, Solicitor General Tushar Mehta countered that Sharma’s misconduct continued beyond the law’s enactment.

The court ruled that money laundering is a continuing offense, as concealing or using proceeds of crime extends it over time. It stressed that economic offenses harm the public exchequer, requiring judicial scrutiny.

SC Judgment / 3 months ago

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