it is not necessary that the person against whom the offense under Section 3 of PMLA is charged should be shown as accused in the scheduled offence.

An accused can commit the offense of extortion under sections 384 to 389 of the IPC and extort money.  Subsequently, any person unconnected with the offense of extortion may assist the said accused in concealing the proceeds of extortion.  Therefore, it is not necessary that the person against whom the offense under Section 3 of PMLA is charged should be shown as accused in the scheduled offence.

 

“An offense punishable under Section 120-B will become a scheduled offense only when the alleged conspiracy is specifically to commit an offense included in the Schedule.  On that basis, we have quashed the proceedings,” the court ruled.


 Pavana Dibbur vs Enforcement Directorate, Criminal Appeal No. 2779 dated 2023

 supreme court of india