TG
TUSHAR GARGAdvocate-on-Record, Supreme Court of India
ED, SFIO & CBI Defense • DEDICATED PRACTICE CARD

PMLA & White-Collar Crime Defense

Financial crime defense requires navigating complex statutory regimes like PMLA 2002, ED proceedings, CBI investigations, and SFIO corporate fraud inquiries.

PMLA 2002 & PC Act
Statutory Basis
Special PMLA Court, High Court & SC
Primary Forum
Section 45 Bail & Unfreezing Assets
Legal Remedy
Specialized Economic Offense Advocacy
Representation

Advocate Tushar Garg

Advocate-on-Record (AOR), Supreme Court

Urgent legal advice, petition drafting & court representation in PMLA & White-Collar Crime Defense before Supreme Court & High Courts.

STATUTORY FRAMEWORK & SCOPE

Understanding PMLA & White-Collar Crime Defense

Financial crime defense requires navigating complex statutory regimes like PMLA 2002, ED proceedings, CBI investigations, and SFIO corporate fraud inquiries.

STATUTORY PROVISIONS

PMLA 2002 & PC Act

Key governing legal statutes and judicial procedure rules.

PRIMARY FORUM

Special PMLA Court, High Court & SC

Competent court jurisdiction for filing petitions and seeking emergency stay.

CHAMBER ADVANTAGE

Specialized Economic Offense Advocacy

End-to-end petition drafting, e-filing, and oral argument presentation.

KEY LEGAL GROUNDS & DOCTRINES

Legal Grounds Specific to PMLA & White-Collar Crime Defense

01

Absence of Predicate Offense

PMLA proceedings cannot standalone if scheduled/predicate offense is quashed or acquitted by trial court.

02

Section 45 Twin Conditions Compliance

Meeting statutory bail test by proving prima facie innocence and no likelihood of offense while on bail.

03

Section 5 Provisional Attachment Challenge

Challenging ED property attachment before Adjudicating Authority and Appellate Tribunal.

LITIGATION PROCEDURE ROADMAP

Step-by-Step Litigation Procedure for PMLA & White-Collar Crime Defense

1
Step 1

ED Summons Response & Safeguards

Filing legal reply to Section 50 PMLA summons and seeking non-coercive protection.

2
Step 2

PMLA Special Court Bail Drafting

Drafting bail petition addressing twin conditions and absence of proceeds of crime.

3
Step 3

Appellate Challenge in High Court / SC

Filing Writ or SLP challenging ECIR or arrest validity.

LANDMARK PRECEDENTS

Supreme Court & High Court Rulings for PMLA & White-Collar Crime Defense

Supreme Court of India2022 SCC OnLine SC 929

Vijay Madanlal Choudhary v. Union of India

RATIO DECIDENDI

"Clarified PMLA provisions, holding ED is not a police officer and ECIR is an internal document."

Supreme Court of India(2023) 11 SCC 541

Pankaj Bansal v. Union of India

RATIO DECIDENDI

"ED must furnish grounds of arrest in writing to the accused at the time of arrest; failure vitiates arrest."

SUPREME COURT & HIGH COURT LITIGATION

Require legal representation in PMLA & White-Collar Crime Defense?

Consult Advocate Tushar Garg (Advocate-on-Record, Supreme Court of India) for expert opinion, drafting, urgent stay motions, and court advocacy.

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