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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
P.R. Sandhya, W/o Late P.K. Sanal Kumar – Appellant
Versus
Director Of Enforcement – Respondent
ORDER :
A. BADHARUDEEN, J.
The 3rd accused in S.C. No. 1 of 2022 on the files of the Special Court/CBI Thiruvananthapuram (originally filed as S.C. No. 412 of 2018 before the Principal Sessions Court, Ernakulam) arising out of ECIR No.17/2009 of the Directorate of Enforcement (for short, ‘ED’ hereafter), Kochi has filed this Criminal Miscellaneous Case under Section 482 of the Code of Criminal procedure (for short, ‘the CrPC’ hereafter) and the prayer in this petition is to quash Annexure—G complaint and further proceedings thereof against the petitioner in the interest of justice.
2. Heard the learned Senior Counsel appearing for the petitioner, the learned Standing Counsel appearing for the ED and perused the decisions as well as the prosecution records made available.
3. While seeking quashment of the case as against the petitioner/3rd accused, it is pointed out by the learned Senior Counsel for the petitioner that ED registered R.C.No.18(A)/2008/CBI/KER against the petitioner arraying her as the 2nd accused and when the matter had been pending before the Chief Judicial Magistrate Court as C.C.No.125 of 2021 the petitioner filed Crl.M.C.No.2017 of 2022 before this Court and in the
Possession of proceeds of crime infers necessary knowledge for prosecution under the Prevention of Money Laundering Act, regardless of whether the individual is charged in underlying predicate offenc....
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
The offence of money laundering under the Prevention of Money Laundering Act, 2002 is an independent offence regarding the process or activity connected with the proceeds of crime, which has nothing ....
A person can be held responsible for money laundering if he either directly or indirectly attempts to indulge in or knowingly assists or knowingly is a party or is actually involved in any process or....
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
The offence of money laundering is independent of the scheduled offence trials, and the trial under PMLA continues irrespective of pending proceedings related to scheduled offences.
Section 3 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence.
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