Yash Tuteja vs Union Of India

The Supreme Court held that for an offence under Section 3 of the Prevention of Money-Laundering Act, 2002 (PMLA) to be made out, there must be a scheduled offence as defined under clause (y) of sub-Section (1) of Section 2 of the PMLA. The Court clarified that conspiracy under Section 120B IPC can only be a scheduled offence if it involves an offence specifically included in the PMLA Schedule. Since the alleged offences in the complaint, except for Section 120B IPC, are not scheduled offences, the complaint under ECIR/RPZO/11/2022 was deemed invalid, and the absence of a scheduled offence negates the existence of proceeds of crime necessary for PMLA applicability.