Discharge in a PMLA Prosecution: What Must the Special Court Test Before Putting an Accused to Trial? Proceeds of Crime, Section 3 Role, Knowledge & Grave Suspicion

Discharge in a PMLA prosecution should not be treated as a mechanical step between cognizance and trial. Before framing charge, the Special Court should examine whether the prosecution complaint and the material legally available at that stage create sufficient grave suspicion against the particular accused regarding the actual ingredients of Section 3 PMLA. The analysis should begin with identifiable proceeds of crime arising from criminal activity relating to a scheduled offence; identify the precise process or activity—concealment, possession, acquisition, use, projecting or claiming—relied

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