Directorate Of Enforcement Etc vs Bibhu Prasad Acharya Etc. Etc
Counsel (1)
Case Significance
Directorate Of Enforcement Etc vs Bibhu Prasad Acharya Etc. Etc is a Supreme Court of India decision dated November 6, 2024 (citation: insc-2024-843). The Enforcement Directorate challenged the HC's quashing of PMLA cognizance orders against two public servants (former Vice Chairman of Andhra Pradesh Industrial Infrastructure Corporation and a retired IAS officer), arguing PMLA Section 71 overrides the CrPC Section 197 prior sanction requirement. The Supreme Court held that Section 65 of PMLA makes CrPC provisions applicable, and Section 71 cannot override those provisions, dismissing the appeal while permitting fresh cognizance if sanction The bench comprised Justices Abhay S. Oka and Augustine George Masih. The judgment was delivered by Justice Abhay S. Oka. Counsel appearing: S.V. Raju (counsel for appellant).
Summary
The Enforcement Directorate challenged the HC's quashing of PMLA cognizance orders against two public servants (former Vice Chairman of Andhra Pradesh Industrial Infrastructure Corporation and a retired IAS officer), arguing PMLA Section 71 overrides the CrPC Section 197 prior sanction requirement. The Supreme Court held that Section 65 of PMLA makes CrPC provisions applicable, and Section 71 cannot override those provisions, dismissing the appeal while permitting fresh cognizance if sanction is obtained.
What was the outcome of Directorate Of Enforcement Etc vs Bibhu Prasad Acharya Etc. Etc?
The Enforcement Directorate challenged the HC's quashing of PMLA cognizance orders against two public servants (former Vice Chairman of Andhra Pradesh Industrial Infrastructure Corporation and a retir...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-843)