The Delhi High Court Division Bench reinstated the ED’s ₹122.74 crore asset attachment against Prakash Industries, overturning a prior ruling. The court cited fraudulent share price inflation and misrepresentation in the Chotia Coal Block case, deeming the gains as proceeds of crime under PMLA. This bolsters enforcement against financial misconduct.
In a significant legal development, the Delhi High Court’s Division Bench has overturned a previous judgment by a Single Judge Bench concerning Prakash Industries Ltd. The ruling reinstates the Enforcement Directorate’s (ED) provisional attachment of assets worth ₹122.74 crore under the Prevention of Money Laundering Act (PMLA), marking a pivotal moment in the ongoing investigation into alleged financial misconduct.
Key Highlights:
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Legal Turnaround: The Division Bench, comprising Justices Anil Kshetrapal and Harish Vaidyanathan Shankar, allowed the ED’s appeal, nullifying the earlier decision that had quashed the asset attachment.
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Fraudulent Gains Identified: The court found that misrepresentations made to the stock exchange had artificially inflated Prakash Industries’ share prices, resulting in gains deemed “proceeds of crime.”
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PMLA Enforcement Strengthened: The judgment affirms that any appreciation in share value stemming from criminal activity qualifies for attachment under PMLA provisions.
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Coal Block Case Connection: The ruling also ties into the Chotia Coal Block allocation, which was allegedly obtained through fraudulent means, further reinforcing the ED’s case.
This ruling underscores the judiciary’s firm stance on financial impropriety and strengthens enforcement mechanisms under PMLA.
Sources: Lawyer E News, Bar & Bench, UNI India