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Supreme Court of India 2022-10-31 allowed

DIRECTORATE OF ENFORCEMENT vs PADMANABHAN KISHORE

Bench: 2 — Uday Umesh Lalit, Bela M. Trivedi

In Brief

In this criminal appeal, the Supreme Court examined whether a person who bribes a public servant can be prosecuted under the Prevention of Money Laundering Act. The respondent had allegedly paid Rs. 50 lakhs to an income tax officer as a bribe. The High Court had quashed the money laundering proceedings against the respondent, holding that the money was not 'tainted' while in his possession. The Supreme Court reversed this, holding that the requisite intent to give bribe must exist before handing over the money, making the bribe-giver a knowing participant in activity connected with proceeds of crime. The Court allowed the appeal and restored prosecution under the PML Act.

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Money Laundering Prevention of Corruption Proceeds of Crime Criminal Conspiracy Bribery

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