What is PMLA under which Kavitha was arrested?
Time line of Summons to MLC Kavitha from ED
Dec 2, 2022: Kavitha was served notice under Section 160 of the CRPC in the Delhi Liquor Policy case on December 2, 2022.
Dec 11, 2022: CBI officials grilled Kavitha for over seven hours at her residence at Banjara Hills.
March 8, 2023: The Enforcement Directorate issued notices to Kavitha asking her to appear for questioning in the Delhi Liquor Policy case on March 10.
Kavitha expressed her inability to appear stating that she had pre-occupied programme of dharna at Jantar Mantar in New Delhi on March 10. She agreed to attend the inquiry on March 11.
March 21, 2023: Kavitha appears for inquiry at ED office in New Delhi. She exhibited the cell phones to the media in response to the allegations by the investigating agencies that she had damaged her phones
Feb 21, 2024: CBI issued summons to the BRS leader to appear for questioning in Delhi Liquor policy
Feb 23, 2024: The CBI issued notices to Kavitha under Section 41A of Criminal Procedure Code (CrPC). Notice under 41A is given to either a suspect or an accused. With this it is clear that the CBI sees Kavitha as the accused and there were speculations that she may be arrested if she skips the inquiry.
♦ The investigating agencies had taken up an inquiry alleging Kavitha was part of the ‘South Group’ which paid Rs 100 Crore to AamAadmi Party leaders through a businessman Vijay Nair. Her name came up in the remand report where a Gurugram based businessman named Amit Arora gave a statement to the police.
Mar 15, 2024: ED officials came to the residence of Kavitha and produced an arrest warrant and took her to New Delhi for questioning in the Delhi Liquor Policy case.
Mar 16, 2024: Kavitha will be grilled at Rouse Avenue Court in the National Capital in the afternoon after medical tests.
Hyderabad: What are the provisions under which BRS MLC K Kavitha was arrested. The ED arrested Kavitha under several provisions of the Prevention of Money-Laundering Act, 2002 Section 3 Offence of money-laundering.
This pertains to whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering.
Section 4 Punishment for money-laundering says that whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine: Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words which may extend to seven years, the words which may extend to ten years had been substituted. This comes under the Narcotic Drugs And Psychotropic Substances Act, 1985 (61 of 1985) that includes ‘contravention in relation to psychotropic susbtances’ (Alcohol is considered a psychotropic substance).