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S. VAIDYANATHAN, A. D. JAGADISH CHANDIRA
Ambirsh Singh Ahluwalla – Appellant
Versus
Assistant Director, Directorate Enforcement, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Section 397 read with Section 401 Cr.P.C. to call for the records pertaining to the case pending in Crl.M.P.No.4826 of 2020 in C.C.No.61 of 2016 pending on the file of the Principal Special Judge for CBI cases VIII Additional City Civil Court, Chennai (designated court for trial of PMLA cases) and to set aside the order dated 23.6.2022 passed therein and allow the same.)
S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.
The Criminal Revision Case has been filed seeking to set aside the order passed by the Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai (designated court for trial of PMLA cases) dated 23.6.2022 in Crl.M.P.No.4826 of 2020 in C.C.No.61 of 2016, dismissing the petition filed for discharge filed under Section 227 of Cr.P.C.
2. Brief facts of the case are as under:-
i) The petitioner is arrayed as A6 in the complaint filed by the respondent in C.C.No.61 of 2016 for offences of money laundering under Section 3 of the Prevention of Money Launder Act, 2002 (in short PML Act) punishable under Section 4 thereof.
ii) Initially, based on a complaint lodged by one B.Sure
If a person is finally discharged/acquitted of the scheduled offence, there can be no offence of money laundering against him.
The offence under Section 3 of the Prevention of Money-Laundering Act, 2002 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence, and prosecution ....
The Prevention of Money Laundering Act allows for independent proceedings regardless of the status of the scheduled offence, provided there is prima facie evidence of money laundering.
Acquittal in scheduled offences leads to the termination of proceedings under the Prevention of Money Laundering Act.
The court affirmed that under the PMLA, indirect involvement in money laundering suffices for prosecution, and the burden of proof rests on the accused to prove their innocence.
The trial court must provide a thorough examination of evidence and articulate clear reasoning when ruling on discharge petitions under the Prevention of Money Laundering Act.
Acquittal in the predicate offence under the Prevention of Corruption Act necessitates the termination of proceedings under the Prevention of Money Laundering Act.
Point of Law : The extent of exercise of discretion by Court is limited to prima facie satisfaction of Court and if Court does not find reasonable grounds of suspicion against the Accused, it may dis....
Discharge denied in PMLA case as scheduled offences pending via protest petitions/remand; prima facie case from money trail suffices at discharge without mini-trial; beneficial ownership extends liab....
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