IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TRIBHUVAN DAHIYA
Sukhpal Singh Khaira – Appellant
Versus
Directorate of Enforcement, Government of India – Respondent
JUDGMENT :
TRIBHUVAN DAHIYA, J.
The petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023, for setting aside the order dated 07.02.2025, Annexure P-19, passed by the trial Court, dismissing the petitioner’s application to defer further proceedings of the case bearing CIS No.COMA-1-2022 arising out of ECIR/02/STF/2021, dated 21.01.2021. The deferment was sought on the ground that further proceedings in the scheduled/predicate offence, i.e., FIR No.35 dated 05.03.2015, registered under Sections 21 , 24, 25, 27, 28, 29, 30, 61 of the NDPS Act, Sections 25 /54 of the Arms Act, 1959, and Section 66 of the Information Technology Act, 2000, at Police Station Sadar Jalalabad, District Fazilka, remained stayed in terms of interim order, dated 10.04.2024, passed by the Supreme Court in Special Leave to Appeal (Crl.) No.2100 of 2024.
2. The petition has been filed on the following facts:
2.1. The petitioner was implicated and summoned as an additional accused in exercise of powers under Section 319 of the Code of Criminal Procedure (Cr.P.C.) after trial in case FIR No.35 dated 05.03.2015 had concluded, vide order dated 05.03.2021. The proceedings
Vijay Madanlal Choudhary and others v. Union of India and others
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 ....
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 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 allows for independent trials, and simultaneous trials for PMLA and predicate offences are not mandated by law.
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.
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 investigation under PMLA is independent of the ultimate result of the Predicate/Scheduled Offence and continues independently.
Commission of a scheduled offence is essential for establishing money laundering under the Prevention of Money Laundering Act, 2002.
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