Back
C. V. KARTHIKEYAN, J. SATHYA NARAYANA PRASAD
M. Thenmozhi – Appellant
Versus
Deputy Director, Directorate of Enforcement, Madurai – Respondent
ORDER :
Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the case in C.C. No. 02 of 2022 on the file of the II Additional District Judge, Special Court for CBI cases, Madurai and to quash the same in respect of the petitioner/Accused No. 6.
1. This Criminal Original Petition has been filed under Section 482 Cr.P.C. by A6 in C.C. No. 02 of 2022, now pending before the II Additional District Court/Special Court for CBI Cases, Madurai, seeking to call for the records relating to the said Calender Case and quash the same, insofar as this petitioner /A6 is concerned.
2. In the petition, it had been stated that the respondent/Deputy Director, Directorate of Enforcement, Madurai had registered a case in File No. ECIR/MDSZO/02/2017 on 03.03.2017 for the alleged offences punishable under Section 3 of Prevention of Money-Laundering Act, 2022 (hereinafter referred to as ‘PMLA’) based on FIR in RC/MA1/2016/A/0043 on the file of CBI (ACB), Chennai, against A1/husband of this petitioner/A6 and others.
3. It is the case of the prosecution that this petitioner had assisted A1 by giving her consent to be a partner in a unregi
Possession of properties linked to proceeds of crime creates a presumption of money-laundering, placing the burden of proof on the accused to establish the legitimacy of such assets.
Possession of proceeds of crime infers necessary knowledge for prosecution under the Prevention of Money Laundering Act, regardless of whether the individual is charged in underlying predicate offenc....
Prosecution under the Prevention of Money Laundering Act is maintainable against parties facilitating money laundering, even if not charged in the predicate offence, thereby affirming the distinctive....
PMLA process quashed for absence of nexus between pre-scheduled offence property acquisition (2005-2007) and subsequently generated proceeds of crime (2020-2021); no prima facie material of accused i....
Money laundering charges under PMLA require clear evidence linking individuals to a scheduled offence, which was absent in the petitioners' case, leading to quashing of proceedings.
Bail petition – Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously.
The offence of money laundering under PMLA is independent and continuous, allowing for supplementary complaints based on established proceeds of crime.
The involvement in actions related to proceeds of crime constitutes money laundering, emphasizing that the presumption applies even without clear identification of funds.
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
