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S. M. SUBRAMANIAM, V. SIVAGNANAM
Sidhant Gupta – Appellant
Versus
Assistant Director, Directorate of Enforcement, Ministry of Finance, Government of India – Respondent
ORDER :
(S.M. Subramaniam, J.) :
(Prayer in Crl.R.C.No.71 of 2024: Criminal Revision Case is filed under Sections 397 and 401 of Criminal Procedure Code, pleased to call for the records in respect of order dated 29.11.2023 made in Crl.M.P.No.3253 of 2023 in Spl.C.C.No.5 of 2022 on the file of XIII Additional Special Judge for CBI, Chennai and set aside the order of dismissal of Discharge Petition and discharge the revision petitioner.)
(Prayer in Crl.R.C.No.115 of 2024: Criminal Revision Case is filed under Sections 397 and 401 of Criminal Procedure Code, pleased to call for the records in respect of order dated 29.11.2023 made in Crl.M.P.No.3251 of 2023 in Spl.C.C.No.6 of 2022 on the file of XIII Additional Special Judge for CBI, Chennai and set aside the order of dismissal of Discharge Petition and discharge the revision petitioner.)
(Prayer in Crl.R.C.No.116 of 2024: Criminal Revision Case is filed under Sections 397 and 401 of Criminal Procedure Code, pleased to call for the records in respect of order dated 29.11.2023 made in Crl.M.P.No.3252 of 2023 in Spl.C.C.No.4 of 2022 on the file of XIII Additional Special Judge for CBI, Chennai and set aside the order of dismissal of Dischar
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.
A discharge petition under PMLA requires a prima facie case to be established; if such a case exists, the trial must proceed.
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....
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 main legal point established in the judgment is that the PMLA is an independent sui generis Act, and the complainant is required to prove the case independently, without presuming the derivation ....
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....
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