The Prevention of Money Laundering Act, 2002 is one of the most aggressively enforced statutes in India today. The Enforcement Directorate (ED) operates with wide investigative powers — provisional attachment of property, arrest without a warrant in certain circumstances, and a legal presumption that the accused is guilty unless proven otherwise under Section 24 of the Act.
That reversal of the burden of proof is what makes PMLA cases fundamentally different from regular criminal prosecutions. It’s also why the quality of legal representation from the very first notice matters enormously.
Adv. Shailendra Singh has handled PMLA matters across multiple stages — from responding to ED summons and challenging attachment orders to arguing bail applications and defending clients before Special PMLA Courts, the High Court, and the Supreme Court of India.
Under the PMLA, money laundering means any process by which the proceeds of a scheduled offence are projected as untainted. The Act covers an expansive list of scheduled offences — including drug trafficking, corruption, fraud, tax evasion, forgery, cyber crime, and violations under the Companies Act, among others.
A person doesn’t need to be the primary offender to face PMLA action. If someone knowingly handles, conceals, or uses proceeds that are connected to a scheduled offence, they can be prosecuted under the Act — even if they weren’t involved in the predicate crime.
PMLA cases require immediate, strategic intervention. The moment a client receives a summons, an attachment order, or information that the ED has initiated an investigation, legal counsel should be involved.
The legal principles in PMLA matters are rapidly evolving. The Supreme Court has delivered a series of significant judgments in recent years — on twin bail conditions, on the rights of the accused during ED investigations, on the scope of the Adjudicating Authority’s jurisdiction. Keeping pace with this jurisprudence isn’t optional; it’s essential.
Adv. Shailendra Singh practises regularly before the Supreme Court of India and has tracked the development of PMLA case law over years. His criminal defence background, combined with his understanding of corporate and financial transactions, makes him particularly effective in cases where the alleged money laundering arises from a business context.
The ED has the power to arrest under Section 19 PMLA without filing an FIR, provided the officer has reason to believe (based on material in possession) that the person is guilty of an offence under the Act. The arrest must be followed by production before a Special Court within 24 hours.
Under Section 45 PMLA, bail can only be granted if the court is satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offence while on bail. Both conditions must be met, making bail significantly harder to obtain than in ordinary criminal cases.
Yes. The ED can provisionally attach property under Section 5 PMLA if it believes the property represents proceeds of crime. The attachment is then confirmed or revoked by the Adjudicating Authority.
No. Statements recorded under Section 50 PMLA are admissible as evidence. Always have legal counsel advise you before attending any ED summons.
