VidhiSangh

Supreme Court of India · 05/05/2022

J. SEKAR @SEKAR REDDY versus DIRECTORATE OF ENFORCEMENT

[2022] 3 S.C.R. 698 · 2022 INSC 519

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Summary

The appellant sought quashing of a money-laundering prosecution after the main scheduled-offence investigation was closed, two related FIRs were quashed, the Income Tax Department explained the seized currency’s source and tax treatment, and attachment was not confirmed. Considering that combined record and the absence of incriminating material despite years of investigation, the Court set aside the High Court’s refusal and quashed the ECIR and complaint.

Issues

  1. Whether the combined investigative, tax and adjudication material justified continuation of the money-laundering prosecution.
  2. How merits-based findings in adjudication proceedings affected prosecution on the same allegations.

Provisions considered

Held

Result

Appeal allowed and the High Court’s order set aside. ECIR CEZO/19/2016, including Complaint No. 2 of 2017, quashed.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 698.