Special PMLA court remands Maharashtra Cabinet Minister, Nawab Malik to ED custody as Sufficient time would be required to investigate proceeds of crime traversed over last 20 years

Special PMLA court remands Maharashtra Cabinet Minister, Nawab Malik to ED custody as Sufficient time would be required to investigate proceeds of crime traversed over last 20 years

The Special Prevention of Money Laundering Act court remanded the Maharashtra Cabinet Minister, Nawab Malik to ED custody as Sufficient time would be required to investigate proceeds of crime traversed over the last 20 years.

Background 

An FIR has been registered by the NIA against Dawood Ibrahim Kaskar alias Dawood Ibrahim,  who has been designated as a Global Terrorist by United Nations under United Nations Security Resolution 1267 and also listed under the Fourth Schedule of the UAPA Act, 1967. He runs an international terrorist network namely D­Company, which is involved in various terrorist/criminal syndicate, money laundering, circulation of FICN, unauthorized possession/acquisition of key assets for raising terror funds and is working in active collaboration with international   terrorist   organization   including   Laskhar­e­Taiba   (LeT), Jaish­e­Mohammad (JeM) and Al Qaeda (AQ).

Arguments 

ASG contended that the role of the accused is crucial for investigation under PMLA. Prima   facie, he is guilty of the offence of money laundering as defined under section 3 of the PMLA.   His custodial interrogation is required for further investigation in the matter. 

He urged that the accused is required to be confronted with other persons whose statements have been recorded during investigation under PMLA. On the material possessed by the Enforcement Directorate, the accused is guilty of the offence of money laundering.

Senior Advocate Amit Desai, appearing for the accused, urged that there is no material for satisfaction that the accused is guilty of the offence of money laundering. It is urged that most of the transactions took place in the year 1999 before PMLA was enacted. The case is hit by Article 20(1) of the Constitution, which prohibits retrospective application of the PMLA.  

Court Order

The Special Judge R.N. Rokade noted that custodial interrogation of the accused is necessary to unearth all the ramifications involved in the crime. The custodial interrogation of the accused is necessary to collect seized, recovered documents at the instance of the accused.

The court remanded the accused Mohammed Nawab Mohammed Islam Malik alias Nawab Malik in the custody of Enforcement Directorate till 03.03.2022 and held that the proceeds of crime has traversed since last 20 years and more.  Therefore, sufficient time is required to be granted for the investigation of the offence.

Case title: The Directorate of Enforcement v/s Mohammed Nawab Mohammed Islam Malik @ Nawab Malik 

Citation: PMLA REMAND APPLICATION NO.184 OF 2022 

Click here to read the Order/Judgment

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