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R. SURESH KUMAR, K. KUMARESH BABU
V. Senthil Balaji – Appellant
Versus
Deputy Director Directorate of Enforcement Ministry of Finance, Chennai – Respondent
JUDGMENT
(Prayer: Petition under Section 482 of Cr.P.C., to set aside the return Docket Order dated 29.08.2023 passed by the learned Principal District and Sessions Judge of Chennai Special Court constituted under Section 43(1) of the Prevention of Money Laundering Act, 2002, and consequently direct the learned Principal District and Sessions Judge or the Special Court-I for the Trial of Cases relating to MP and MLA, Chennai to entertain and number the bail application in Crl.M.P.SR.No.21974 of 2023 in C.C.No.9 of 2023 on the file of The Special Court-I for the Trial of Cases relating to MP and MLA, Singaravelar Maaligai, Chennai and dispose of the same on merits within a time frame as fixed by this Hon''ble Court.)
R. Suresh Kumar, J.
1. This Criminal Original Petition has been filed seeking a prayer to set aside the return Docket Order dated 29.08.2023 passed by the learned Principal District and Sessions Judge of Chennai Special Court constituted under Section 43(1) of the Prevention of Money Laundering Act, 2002, and consequently direct the learned Principal District and Sessi
Offences punishable under Section 4 of the PMLA Act must be tried only by Special Courts designated under Section 43(1) of the PMLA Act, and the Central Government has the power to designate such Cou....
Under the governing legislation, a tribunal handling a predicate offence is statutorily mandated to transfer the matter to the designated special tribunal upon application by the investigating author....
The court affirmed that under Section 44(1)(c) of the PMLA, the Special Court is designated to try both scheduled offences and money laundering offences, emphasizing legislative intent for discretion....
Point of Law : Application was not maintainable before learned Magistrate, since Court did not have the power to direct recording of statements for it to become a record under the PMLA, the order wh....
The court emphasized the importance of cooperation with the investigation, the gravity of the offense, and the need to balance the fundamental right of personal liberty with the reasonable restrictio....
(1) Section 88 of Cr.P.C. is in no manner inconsistent with provisions of PMLA – Section 88 will apply after filing of a complaint under Section 44(1)(b) of PMLA – Order accepting bonds under Section....
Practice and Procedure - Special court - Jurisdiction of - There is no ambiguity in language of Section 44(1)(c) of PMLA. The concerned court, which is trying the scheduled offence, is required to tr....
The court's decision highlighted the lack of objective satisfaction about the petitioner's guilt, the divergent views expressed by the High Courts and the Supreme Court, and the personal liberty of t....
Bail under PMLA not cancellable without supervening circumstances like liberty misuse, bail condition violation, or evidence tampering; special court validly applied Section 45 twin conditions absent....
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