Prevention of Money Laundering Act, 2002–Secs. 45 (Amended) & 65–Scope–Whether the offences under the Act are non-cognizable–Held, no–Part II of first Schedule provides that where the punishment with imprisonment
is three years and upwards, the offence would be cognizable and where the imprisonment is less than three years, the offence would be non-cognizable–Offences under the Act provide for imprisonment for three years and upwards–Hence, even considering that as per Sec. 65 of Act, Code of Criminal Procedure would be applicable if it is not consistent with the provisions of Act, offence under the Act of 2002 would be cognizable.
