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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
| Table of Content |
|---|
| 1. order of the trial court (Para 1 , 2) |
| 2. maintainability of revision petition (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. right to speedy trial (Para 9 , 10) |
| 4. power to postpone trial under cr.p.c. (Para 11 , 12 , 13 , 15 , 16 , 17) |
| 5. scope of pmla in relation to cr.p.c. (Para 18 , 19 , 20) |
| 6. independence of ecir from fir (Para 21 , 22 , 23 , 24) |
| 7. legal distinction between ecir and fir (Para 25 , 26 , 27) |
| 8. proceedings under pmla despite pending appeal (Para 28 , 29) |
| 9. impact of vijay madanlal choudhary's case (Para 30 , 31 , 32) |
| 10. error in postponement of pmla trial (Para 33) |
| 11. conclusion of the judgment and order (Para 34) |
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 Indi
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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