PMLA, Enforcement Directorate & White-Collar Crime
Navlaw & Associates advises individuals and businesses facing proceedings under the Prevention of Money Laundering Act, Enforcement Directorate action, and white-collar and economic offences — before the Punjab & Haryana High Court and the courts of the Chandigarh Tricity.
Economic offence defence, from first notice to trial
A PMLA or Enforcement Directorate matter rarely arrives in isolation — it is usually preceded by a predicate offence under another law, and followed by parallel proceedings across several forums at once: the Adjudicating Authority, the Special Court, and often a connected criminal case. We advise clients through that full sequence rather than one proceeding at a time.
Because PMLA law develops quickly through Supreme Court and High Court rulings — on questions like what counts as "proceeds of crime," when bail conditions apply, and how attachment orders can be challenged — our advice is built around the current position, not a static reading of the statute.
PMLA Section Navigator
The provisions we engage with most often in defence work. This is indicative, not exhaustive — the operative sections depend on the facts of each matter.
Offence of Money Laundering
Defines money laundering as knowingly engaging in any process or activity connected with proceeds of crime, including concealing, possessing, using, or projecting it as untainted property. Section 4 prescribes punishment of three to seven years' imprisonment (up to ten years where the predicate offence is under the NDPS Act), along with a fine.
Provisional Attachment of Property
Allows the Director (or an authorised officer) to provisionally attach property believed to be proceeds of crime, for up to 180 days. The attachment must then be placed before the Adjudicating Authority under Section 8, which confirms or rejects it within the same period.
Power to Arrest
Empowers designated ED officers to arrest a person where there is "reason to believe," recorded in writing, that the person is guilty of an offence under the Act. Following Pankaj Bansal v. Union of India (2024), written grounds of arrest must be furnished to the arrested person.
Burden of Proof
Once the prosecution establishes a person's involvement with proceeds of crime, the burden shifts to the accused to prove that the property is not, in fact, proceeds of crime. The constitutionality of this reverse burden was upheld by the Supreme Court in Vijay Madanlal Choudhary v. Union of India (2023).
Twin Conditions for Bail
Requires the Public Prosecutor to be heard on any bail application, and the court to be satisfied there are reasonable grounds to believe the accused is not guilty of the offence, and is unlikely to commit any offence while on bail — a materially higher bar than ordinary criminal bail.
Powers Regarding Summons & Examination
Allows the ED to summon and examine persons on oath, with statements recorded being admissible in evidence. The protection against self-incrimination under Article 20(3) of the Constitution applies once a summoned witness effectively becomes an accused.
Supreme Court decisions that shape defence strategy
A small set of rulings consistently frame how PMLA and adjoining criminal provisions are argued. We track each as it develops.
Vijay Madanlal Choudhary v. Union of India (2023)
Upheld the core constitutional validity of PMLA's provisions, including the reverse burden under Section 24 and the scope of "proceeds of crime."
Pankaj Bansal v. Union of India (2024)
Held that written grounds of arrest must be furnished to a person arrested under Section 19, strengthening procedural safeguards at the arrest stage.
Satender Kumar Antil v. CBI (2022)
Laid down categories of offences for bail purposes and emphasised bail as the rule, custody the exception, across economic offence matters.
Sushila Aggarwal v. State (NCT of Delhi) (2020)
Clarified that anticipatory bail need not be limited in time and can continue until the end of trial, absent specific reasons to curtail it.
Gurbaksh Singh Sibbia v. State of Punjab (1980)
The foundational ruling on anticipatory bail, establishing it as a facet of personal liberty to be interpreted liberally.
State of Haryana v. Bhajan Lal (1992)
Set out the categories in which an FIR or criminal proceeding may be quashed as frivolous, vexatious, or an abuse of the process of law.
How we approach a matter, stage by stage
PMLA and white-collar matters move through a fairly predictable sequence. Our approach is aligned to whichever stage a matter has reached.
Documentary preparation & anticipatory bail
Reviewing exposure before any formal action, engaging with the appropriate authority where useful, and filing anticipatory bail under Section 482 BNSS (Section 438 CrPC) where an arrest appears imminent.
Procedural review & quashing analysis
Reviewing the FIR, ECIR, or show-cause notice for procedural defects, assessing quashing under Section 528 BNSS (Section 482 CrPC) against the Bhajan Lal categories, while preparing anticipatory bail or arrest-readiness in parallel.
Remand, grounds of arrest & bail
Attending remand, reviewing compliance with Pankaj Bansal grounds-of-arrest requirements, pursuing habeas corpus under Article 226 where there are clear procedural defects, and filing regular bail under Sections 480/483 BNSS (Sections 437/439 CrPC).
Cross-examination & documentary defence
Testing the prosecution's documentary evidence, challenging expert evidence where applicable, and building final arguments around the applicable Supreme Court framework.
High Court & Supreme Court
Appeals and revisions before the Punjab & Haryana High Court, and Special Leave Petitions under Article 136 before the Supreme Court where a matter warrants it.
Who leads this practice
Sahir Singh Virk
Leads the firm's economic offence and regulatory defence matters, working alongside the civil litigation team where a dispute carries parallel exposure.
Siddharth Gulati
Advises on PMLA, bail and quashing matters, and on procedural strategy across parallel proceedings.
Built for matters that move across forums
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One team across proceedings
The same team tracks the predicate offence, the PMLA proceeding, and any connected civil exposure, rather than treating each in isolation.
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Current on the case law
Advice reflects the latest Supreme Court and High Court position on attachment, bail and adjudication under PMLA, not a static reading of the statute.
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Direct partner contact
Matters are led by a partner throughout — from the first notice to trial or final disposal.
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Plain-language updates
You are told clearly what each order or hearing means for your matter, without being left to interpret it yourself.
PMLA, Enforcement Directorate and white-collar matters are led directly by our regulatory defence partners, from the first notice through to trial or final disposal.
Partners, Navlaw & Associates
PMLA & white-collar crime, briefly explained
What triggers a PMLA case?
A PMLA case requires a "scheduled offence" — a predicate crime listed in the Act's schedule, such as certain offences under the Prevention of Corruption Act or the Bharatiya Nyaya Sanhita (formerly the Indian Penal Code). The ED's money laundering case follows from that underlying offence.
Can my bank account be frozen without a hearing?
The ED can provisionally attach property or freeze accounts under Section 5 without a prior hearing, but the order must then be confirmed by the Adjudicating Authority under Section 8, before whom the affected party can contest it.
Is bail harder to get in a PMLA case?
Yes — Section 45 imposes twin conditions beyond the usual bail test. Courts have, however, granted bail where investigation and trial are significantly delayed, on the reasoning that prolonged pre-trial incarceration is itself a form of punishment.
Discuss your matter with a partner
Consultations are arranged by phone, WhatsApp or video call, in confidence.