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S. M. SUBRAMANIAM, V. SIVAGNANAM
M. Hari Babu – Appellant
Versus
Assistant Director, Director of Enforcement, Chennai – Respondent
ORDER :
Prayer: Criminal Revision Case is filed under Section 397 read with Section 401 of Criminal Procedure Code, pleased to set aside the order dated 06.02.2024 passed in Crl. M.P. No. 8140 of 2023 in Spl. C.C. No. 4 of 2023 on the file of the Learned VIII Additional Sessions Judge, Principal Court for CBI Cases, Chennai.
1. The criminal revision case has been instituted to assail the order dated 6th February, 2024 in Crl. M.P. No. 8140 of 2023 in Spl. C.C. No. 4 of 2023, rejecting the petition filed by the petitioner seeking discharge.
2. The learned counsel for the petitioner would mainly contend that the question of jurisdiction has been raised by the petitioner on the ground that proper Officer has not initiated action under the Customs Act, 1962.
3. At the out set, genesis of the proceedings are under challenge pending before the Division Bench of this Court and therefore, trial need not go on at this juncture. Further, criminal original petition filed to quash schedule offence is also pending before the learned Single Judge of this Court, wherein, further appearance of the petitioner has been dispensed with by way of an interim order. In the case of S. Martin vs. Directorate o
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.
If a person is finally discharged/acquitted of the scheduled offence, there can be no offence of money laundering against him.
The offence of money laundering under the PMLA is a standalone, continuing offence, not dependent on the outcome of related scheduled offences, with a reverse burden of proof on the accused regarding....
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 discharge him of o....
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....
The PMLA's application is concerned with the ongoing nature of financial misconduct, allowing proceedings even for actions predating its enforcement, where evidence showcases potential 'proceeds of c....
Postponement of trial under PMLA – Pendency of a criminal appeal cannot be an absolute bar for proceeding with PMLA trial, which is now being undertaken by Special Court for PMLA.
The main legal point established is the interpretation of 'at any previous stage of the case' under Section 245(2) of Cr.P.C. and its relevance to the pre-cognizance stage of the complaint.
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