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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN
C. Manoharan – Appellant
Versus
Assistant Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue – Respondent
ORDER :
S.M. SUBRAMANIAM, J.
The lis on hand has been instituted seeking to assail the complaint filed under Section 4 5 read with Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA, 2002)
2. The petitioners are A1, A2 and A3 in C.C.No.5 of 2017.
I. BRIEF FACTS OF THE CASE:
3. The Additional Superintendent of Police, CBI, ACB, Chennai, registered an FIR vide RC.14(A)2014 dated 28.03.2014 against Mr.C.Manoharan, Proprietor of M/s.Shree Sai Enterprises, and authorised representative of M/s.Nithish Tools Private Limited and Shri V.Karunaraj, Proprietor of M/s.Sivasakthi Enterprises, four officers of customs Department, and unknown others for commission of offences punishable under Sections 120 B r/w 420, 467, 468 and 471 of IPC and Sections 13 (2) r/w 13(1)(d) of Prevention of Corruption Act and substantive offences with regard to causing loss to the tune of Rs.4.30 Crores to the Customs Department, on account of Customs duty evasion in the import of Carbide inserts imported vide 9 bills of entry during the period from 2009-2011.
4. On completion of investigation, charge sheet was filed under Section 173(2) of Cr.P.C before the learned Chief Ju
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....
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 ....
Without a predicate offense, proceedings under the Prevention of Money Laundering Act cannot be sustained, as established by the Supreme 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 ....
The sufficiency of evidence and compliance with essential elements to constitute an offence under the PMLA Act are crucial in determining the legality of criminal proceedings.
The investigation under PMLA is independent of the ultimate result of the Predicate/Scheduled Offence and continues independently.
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