New Delhi [India], November 26 (ANI): A person who derives economic advantage out of scheduled offence can be prosecuted for Money laundering under Prevention of Money Laundering Act. Jacqueline Fernandez was not part of any criminal activity for economic advantage; therefore, she can’t be prosecuted for money laundering, her counsel argued before the Delhi High Court on Tuesday.
Now the Enforcement Directorate (ED) will make its submissions in the plea moved by Bollywood actor Jacqueline Fernandez against the charge sheet filed against her in a money laundering.
Justice Anish Dayal listed the matter for hearing submissions by the Special Counsel for ED. Next date for hearing is December 3.
Senior Advocate Siddharth Agarwal, along with Advocate Prashant Patil and Shakti Pandey, appeared for Jacqueline Fernandez. Advocate Zoheb Hossain appeared for the Enforcement Directorate.
A senior advocate submitted that a person who derived economic advantage out of criminal activity, which is a scheduled offence, can be prosecuted for money laundering. Jacqueline Fernandez was not a part of criminal activity.
It was further submitted that she had no knowledge that the gifts she was getting from Sukesh Chandrasekar were out of proceeds of a crime of Rs 200 crore. As the offence of extortion came to light once the FIR was registered by Aditi Singh.
“Knowledge is necessary to show involvement in criminal activity, the senior advocate argued. She had no knowledge of the criminal activities of Sukesh Chandrasekar and the gift he was giving was out of money extorted from Aditi Singh.
The senior advocate also referred to the judgement in the case of Vijay Madanlal Chaudhary and submitted that it is not necessary that all attached property during the investigation be part of the proceeds of crime.
It was further submitted that two cases can’t be prosecuted on the same facts. An offence of Extortion from Aditi Singh is being prosecuted under MCOCA. The petitioner is a witness in that case. She can’t be made accused of money laundering as she is not part of crime syndicate and didn’t derive economic advantage out of that.
Jacqueline Fernandez has challenged the charge sheet filed against her in the money laundering, in which Sukesh Chandrasekar is also an accused. (ANI)
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