9911796707
TMI Blog2021 (8) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... sue decided by this Bench very recently in M. SURESH KHATRI AND M/S. MOHANLAL JEWELLERS PVT. LTD. VERSUS DIRECTORATE OF ENFORCEMENT DEPUTY DIRECTOR GOVERNMENT OF INDIA MINISTRY OF FINANCE [ 2021 (6) TMI 990 - MADRAS HIGH COURT] where it was held that The prosecution has to prove the offence, by adducing evidence and this opportunity has to be given to the prosecution in this case too. Petition dismissed. - Crl.O.P. (MD) No.13321 of 2019 & Crl.O.P.(MD) No.8161 of 2019 - - - Dated:- 26-2-2021 - Honourable Mr. Justice P.N. Prakash And Honourable Mr. Justice V. Sivagnanam For the Petitioners : Mr. Richardson Wilson for M/s. P. Wilson Associates For the Respondent : Mr. R. Sankaranarayanan Addl. Solicitor General assisted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... torate registered a case in ECIR No.13 of 2015 and after completing the investigation, has filed a complaint in C.C. No.12 of 2018 in the Court of the Principal District Judge (Special Court for PML Act Cases), Madurai, for the offences under Section 3 read with Section 4 of the PML Act against Shankaranarayanan (A.1), Selvam (A.2), Sri Aiswariya Rock Export (A.3) and M.S. Granites (A.4), for quashing which, this criminal original petition has been preferred. 5 Mr. Richardson Wilson, learned counsel representing M/s.P.Wilson Associates, learned counsel on record for the petitioners, submitted that the entire police investigation began pursuant to the directions of this Court in a public interest litigation, in which, various orders were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the predicate offence and therefore, the prosecution under the PML Act cannot have legs to stand. This contention also deserves to be rejected for the simple reason that it is not the purchase of the properties that forms the criterion for a prosecution under the PML Act, but, the projection of the fruits of crime as untainted ones. Whether the properties were purchased with the proceeds of crime or otherwise, is a question of fact which cannot be gone into in a petition under Section 482 Cr.P.C. and the same can be looked into only by the trial Court during trial. 7 The learned counsel for the petitioners further contended that the order of the trial Court taking cognizance of the offence does not disclose application of mind and he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufficient ground for proceeding appearing in Section 204 are of immense importance. It is these words which amply suggest that an opinion is to be decided on 23.02.2021 formed only after due application of mind that there is sufficient basis for proceeding against the said accused and formation of such an opinion is to be stated in the order itself. The order is liable to be set aside if no reason is given therein while coming to the conclusion that there is prima facie case against the accused, though the order need not contain detailed reasons. A fortiori, the order would be bad in law if the reason given turns out to be ex facie incorrect. The above passage should be seen from the context it was stated. It was stated in the conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not the same at the time of framing the charge. For issuance of summons under Section 204 CrPC, the expression used is there is sufficient ground for proceeding ; whereas for framing the charges, the expression used in Sections 240 and 246 IPC is there is ground for presuming that the accused has committed an offence . At the stage of taking cognizance of the offence based upon a police report and for issuance of summons under Section 204 CrPC, detailed enquiry regarding the merits and demerits of the case is not required. The fact that after investigation of the case, the police has filed charge-sheet along with the materials thereon may be considered as sufficient ground for proceeding for issuance of summons under Section 204 CrP ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
