S. M. SUBRAMANIAM, M. JOTHIRAMAN
P. Balaji Prakasam – Appellant
Versus
Assistant Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue – Respondent
ORDER :
(S.M. Subramaniam, J.)
(Prayer: Criminal Revision Case is filed under Section 397 read with Section 401 of Criminal Procedure Code, pleased to set aside the order dated 20.12.2017 in Crl.M.P.No.4079 of 2017 in C.C.No.42 of 2016 on the file of the Principal Sessions Judge, Chennai and allow the same.)
The present petition has been instituted to challenge the order dated 20.12.2017, passed in Crl.M.P.No.4079 of 2017 in C.C.No.42 of 2016 on the file of the Principal Sessions Judge, Chennai.
2. The petitioners are Accused 1 and Accused 2. Based on the scheduled offence Enforcement Case Information Report (ECIR) was recorded under the Prevention of Money Laundering Act, 2022 [hereinafter referred as 'PMLA'], and the Enforcement Directorate launched an investigation. Upon completing the investigation, a compliant was filed under provisions of PMLA before the Competent Court of Law.
3. The learned Special Public Prosecutor appearing on behalf of the respondent now brought to the notice of this Court that charges have been framed, trial has commenced and examination of witnesses is underway, with half of the witnesses already examined. In light of these developments, the present crimin
The offence of money laundering under PMLA is a continuing offence, and its applicability is not dependent on the date of the predicate offence but on the existence of proceeds of crime.
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 Prevention of Money-Laundering Act applies to ongoing money laundering activities, allowing prosecution regardless of when the predicate offence occurred, without violating constitutional protect....
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.
(1) Offence of money laundering is a stand-alone offence and trial proceedings are completely different to that of scheduled offence. Trial of money laundering offence is independent trial and it is ....
The pendency of a criminal appeal does not bar proceeding with the trial under the Prevention of Money Laundering Act, as the PMLA proceedings are independent and distinct from other penal proceeding....
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.
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
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 PMLA is a continuing offence, applicable irrespective of when the predicate offence occurred, and requires thorough judicial scrutiny.
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