Lok Sabha Question No. 1338 (UNSTARRED), answered on 2022-07-25
Subject: Cases registered by ED
Ministry: FINANCE
Asked by: Rajiv Ranjan (Lalan) Singh

## GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE

## LOK SABHA UNSTARRED QUESTION NO. 1338

TO BE ANSWERED ON MONDAY, THE 25 th  JULY, 2022

## Cases registered by ED

## 1338.   SHRI RAJIV RANJAN SINGH ALIAS LALAN SINGH:

Will the Minister of FINANCE be pleased to state:

- a) The number of cases registered under Enforcement Directorate (ED) during the last ten years, yearwise;
- b) The number of cases, out of all registered cases with ED, which are under inquiry and those which are pending along with the reasons therefor; and
- c) The conditioning on registered case and the results of ED action?

## ANSWER MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI PANKAJ CHAUDHARY)

- a) During the last ten years, the Directorate of Enforcement has taken up around 24893 cases for investigation under the provisions of Foreign Exchange Management Act, 1999 (FEMA) and has recorded around 3985 cases under the Prevention of Money Laundering Act, 2002 (PMLA). Year-wise details of the same are as under:

| Financial Year (F.Y.)   |   Cases taken up for investigation under FEMA |   Cases recorded under PMLA |
|-------------------------|-----------------------------------------------|-----------------------------|
| 2012-13                 |                                          1722 |                         221 |
| 2013-14                 |                                          1041 |                         209 |
| 2014-15                 |                                           915 |                         178 |
| 2015-16                 |                                          1516 |                         111 |
| 2016-17                 |                                          1993 |                         200 |
| 2017-18                 |                                          3627 |                         148 |
| 2018-19                 |                                          2659 |                         195 |
| 2019-20                 |                                          3360 |                         562 |
| 2020-21                 |                                          2747 |                         981 |
| 2021-22                 |                                          5313 |                        1180 |
| TOTAL                   |                                         24893 |                        3985 |

(b) &  (c) It may  be  mentioned  that  the  Directorate of Enforcement  is an investigation agency which is mandated with the task of enforcing provisions of FEMA, PMLA  and  Fugitive  Economic  Offenders  Act,  2018  (FEOA).  The  role  of  Directorate comes in to picture as and when any contravention under FEMA and occurrence of scheduled  offence  disclosing  the  generation  of  PoC  (Proceeds  of  Crime)  as  defined under  Section  2(1)(u)  of  PMLA  is  noticed  by  the  Directorate  or  a  warrant  of  arrest issued  by  the  Magistrate  or  Court  after  taking  cognizance  of  any  scheduled  offence appended to FEOA and where the amount involved is Rs. 100 crore or above, provided the accused has gone outside India. PMLA: Till 31.03.2022, the Directorate of Enforcement recorded around 5422 cases under PMLA. It is pertinent to mention here that, after recording of a case under PMLA necessary action as per provisions of PMLA is taken which resulted in attachment of proceeds  of  crime  to  the  tune  of  Rs.  1,04,702  crore  (approx.),  filing  of  Prosecution Complaint in 992 cases resulting in confiscation of Rs. 869.31 crore and conviction of 23 accused persons under PMLA. FEMA: Till 31.03.2022, the Directorate of Enforcement has taken up around 30716 cases for investigation under FEMA. It is pertinent to mention here that after taking up a case for investigation under FEMA, necessary action as per provisions of FEMA is taken which resulted in issuance of 8109 Show Cause Notices (SCNs). Further, 6472 SCNs were adjudicated  under FEMA,  thereby  imposing  penalty  of  around  Rs.  8130 crore. Further, assets to the tune of Rs. 7080 crore (approx.) have been seized under FEMA.

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