Simultaneous trial of distinguishable offence in PMLA and IPC not accepted: Madras HC

M. Venkatesan Vs Directorate of Enforcement (Madras High Court)

Madras High Court held that request for simultaneous trial both in PMLA and in predicate offence registered under IPC not accepted since both the offence are distinguishable and not connected with each other.

Facts- The case on hand has been instituted u/s. 482 of Cr. PC to direct the Principal Sessions Judge / Special Court for PMLA and CBI cases, Puducherry to conduct simultaneous trial of cases. It is not in dispute that the petitioner is an accused both in the scheduled offence as well as under the provisions of Prevention of Money Laundering Act (PMLA).

Thus it is contended that in the event of completion of trial in PMLA case during the pendency of the predicate offence, the rights of the accused will be prejudiced. Therefore, the present petition is filed seeking simultaneous trial, both in PMLA case and in predicate offence registered under IPC.

Conclusion- Held that since, the nature of money laundering offence is distinguishable and unconnected with the nature of offences under the IPC (presently BNS), one is not dependant on the other and that being the position, there is no impediment for the Special Court to continue the trial under PMLA even during the pendency of the trial under predicate offence.