IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, A.D.MARIA CLETE
Assistant Director (PMLA), Directorate of Enforcement – Appellant
Versus
Ashok Anand – Respondent
ORDER :
S.M. SUBRAMANIAM, J.
Under assail is the order dated 30.04.2024 passed in Crl.M.P.No.4236 of 2023 in Special CC.No.02 of 2022 on the file of the learned Principal Sessions Judge-cum-Special Judge (under PMLA Act) at Puducherry.
2. The Assistant Director (PMLA), Directorate of Enforcement is the revision petitioner and the respondent herein filed a petition under Section 309 of Cr.P.C. to postpone the commencement of trial in Special C.C.No.02 of 2022. The Trial Court relying on the Judgements in the case of Vijay Madanlal Choudhary Vs. Union of India , reported in 2022 SCC Online SC 929 and the subsequent cases allowed the petition, which provided a cause for the Enforcement Directorate to institute the present revision petition.
CONTENTIONS OF THE RESPONDENT:
3. Mr.M.S.Krishnan, the learned Senior Counsel appearing on behalf of the respondent would mainly contend that the Criminal Revision Petition is not maintainable and beyond the scope of Section 3 97 (2) of Cr.P.C. He would urge the Court that the order impugned cannot be construed as final order and the trial alone is postponed pending disposal of the criminal appeal filed by the respondent against the order of convicti
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.
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 Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
(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 Prevention of Money Laundering Act allows for independent trials, and simultaneous trials for PMLA and predicate offences are not mandated by law.
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 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 ....
Prosecution under the Prevention of Money Laundering Act, 2002 is not sustainable without a registered scheduled offence, as established by the Supreme Court in Vijay Madanlal Choudhary.
The court established that the offense of money laundering under PMLA cannot exist independently of a scheduled offense.
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