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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN
G.Venkatanarayanan – Appellant
Versus
Assistant Director Directorate of Enforcement Chennai – Respondent
ORDER :
S.M. SUBRAMANIAM, J.
Under assail is the order dated 05.03.2024 passed by the XII Additional Special Judge for CBI Cases, Chennai in Crl.MP.No.9102 of 2023 in Spl CC No.2 of 2023.
2. The petitioners/accuseds are A1 and A2, both in the predicate offence and in the Prevention of Money Laundering Act, 2002 [hereinafter referred as PMLA] cases. An FIR was registered by CBI on 01.05.2013 under Section 120 (B) r/w 13(2), 13(1) (e) of Prevention of Corruption Act. In view of registration of scheduled offence, the Enforcement Directorate recorded ECIR and launched investigation under the provisions of PMLA. After completing the investigation, a complaint under Section 4 5(1) r/w Sections 3 and 4 of PMLA was registered before the competent Court of Law. Statements of the accuseds and other persons were recorded under Section 50 (2) (3) of PMLA. Provisional attachment was made by invoking Section 5(1) of PMLA . The provisional attachment order was not confirmed by the Authority. The proceedings before the adjudicating authority was closed, in view of the orders passed by this Court and based on the undertaking given by the accused that they will not alienate the properties provisionally
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.
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 ....
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
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 ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
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.
(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.
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