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The High Court of Delhi through its judgment dated 21.11.2025 in Deputy Director, Directorate of Enforcement v. Amlendu Pandey (D)1 through LR15 held that Section 17 of The Prevention of Money Laundering Act, 2002 (“PMLA”) does not restrict Enforcement Directorate (“ED”) to conduct searches only at the premises of a person against whom a complaint or report has been filed.
The High Court held that the statutory precondition under Section 17 is merely restricted to prior institution of a complaint or the forwarding of a report under Section 157 of Code of Criminal Procedure, 1973. in relation to the scheduled offence.
The High Court further observed that the possession of proceeds of crime or records relating to money laundering is not necessarily co-extensive and a person may possess such material without having been earlier charged. Further, the Court noted that the absence of prior accusation or demonstration of criminal intent does not preclude ED to carry out search under Section 17 of the PMLA, once the statutory pre-condition is satisfied.
Footnote
1. MISC. APPEAL (PMLA) 8/2022.
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