S. M. SUBRAMANIAM, M. JOTHIRAMAN
M. Venkatesan – Appellant
Versus
Directorate of Enforcement – Respondent
ORDER :
[Order of the Court was made by S.M.SUBRAMANIAM, J]
Prayer:-Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge/Special Court for PMLA and CBI cases, Puducherry to conduct simultaneous trial of cases in Spl.CC.No.1 of 2016 pending on the file of the learned Principal Sessions Judge, Special Court for CBI Cases, Puducherry and Spl.CC.No.1 of 2019 pending on the file of the learned Principal Sessions Judge for PMLA cases, Puducherry (both are pending in the same Court).
The case on hand has been instituted under Section 482 of Cr.PC to direct the Principal Sessions Judge/Special Court for PMLA and CBI cases, Puducherry to conduct simultaneous trial of cases in Spl.CC.No.1 of 2016 pending on the file of the Principal Sessions Judge, Special Court for CBI Cases, Puducherry and Spl.CC.No.1 of 2019 pending on the file of the same Court.
2. It is not in dispute that the petitioner is an accused both in the scheduled offence as well as under the provisions of Prevention of Money Laundering Act (herein after referred to as PMLA).
3. The learned counsel for the petitioner Mr.K.Thilageswaran would submit that in the event of complet
The Prevention of Money Laundering Act allows for independent trials, and simultaneous trials for PMLA and predicate offences are not mandated by law.
(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 offence of money laundering is independent of the scheduled offence trials, and the trial under PMLA continues irrespective of pending proceedings related to scheduled offences.
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....
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 offence of money laundering under the Prevention of Money Laundering Act, 2002 is an independent offence regarding the process or activity connected with the proceeds of crime, which has nothing ....
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.
The court affirmed that directors can be prosecuted under the Prevention of Money Laundering Act independently of the company's involvement in the complaint, establishing the principle of distinct li....
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....
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