Raipur
In a significant development, the Enforcement Directorate (ED) has reportedly faced a setback as the Supreme Court dismissed the money laundering case associated with the alleged liquor scam in Chhattisgarh. The apex court ruled that without the commission of a crime or the generation of illegal income, the charges of money laundering could not stand.
The Supreme Court’s decision stemmed from the ED’s complaint, which was primarily based on offenses under the Income Tax Act, not classified as scheduled offenses under the Prevention of Money Laundering Act (PMLA). Justices Abhay S Oka and Ujjwal Bhuiyan emphasized that in the absence of a predicate offense and any proceeds from it, the case did not constitute money laundering.
During the hearing, the additional Solicitor General (ASG) SV Raju, representing the ED, reiterated that without any criminal activity or financial gains, the allegations of money laundering were unfounded. The court concurred, asserting that without a predicate offense, the complaint lacked merit.
Responding to the court’s decision, the Solicitor General revealed that a new predicate offense had been registered against the accused, prompting the ED to prepare an Enforcement Case Information Report (ECIR). However, the ASG cited procedural delays as the reason for the complaint not being registered.
The court has instructed the ED to submit an affidavit, with the ASG granted a four-day extension for this purpose. Among the petitioners are retired IAS Anil Tuteja, his son Yash Tuteja, and six others.
It’s noteworthy that the Supreme Court had previously halted the arrest of Anil Tuteja and Yash Tuteja nearly eleven months ago, citing insufficient evidence. The petitioners had challenged the ED’s actions, arguing that there was no substantive basis for the allegations of money laundering.
In a related development, the ED has filed a First Information Report (FIR) against numerous individuals, including former ministers, legislators, and other prominent figures, in connection with the liquor and coal scams. Anil Tuteja and his son Yash Tuteja are also named as accused in the FIR. In response, they have filed a petition in the High Court through their legal representatives.
