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TMI Blog2024 (8) TMI 1494X X X X Extracts X X X X X X X X Extracts X X X X ..... he very purpose and object of PMLA is to deal with economic offences. Therefore, the provisions are stand alone and the Enforcement Directorate is conferred with the powers to prosecute the persons under Section 3 of the PMLA. The principles of double jeopardy has no application. The other grounds raised by the petitioner are connected with the merits of the case. Section 24 of the Act provides burden of proof and it lies on the affected persons. Therefore, the petitioner has to establish their innocence during the course of trial through documents and evidences available on record. Grounds touching upon the merits cannot be adjudicated in a discharge petition. The probate value of the evidences cannot be considered while dealing with the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resulted in institution of the present criminal revision petition. 4. Mr.Nithyaesh Natraj, the learned Counsel appearing on behalf of the petitioner would submit that the predicate offence allegedly committed by the petitioner was under Section 13 (2) r/w 13 (1) (e) of the Prevention of Corruption Act, 1988. He was prosecuted for the offence for possessing disproportionate wealth. The disproportionate wealth in the predicate offence was acquired between the period from 01.01.1998 and 30.09.2008. Admittedly, the petitioner was convicted in the criminal case on 06.04.2016 under the Prevention of Corruption Act. The criminal appeal filed is pending and suspension of sentence has been granted. 5. When the facts stand as it is, the respondent h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hus, the revision petition is to be allowed. 8. Mr.P.Sidharthan, the learned Special Public Prosecutor would strenuously oppose by stating that the trial court has elaborately considered all these grounds. Prevention of Corruption Act and invocation of PMLA by the respondent cannot be compared with. The predicate offences though under the Prevention of Corruption Act and the petitioner was convicted, the petitioner continued to possess the proceeds of crime, which resulted in initiation of action under PMLA. So long as a person possess the proceeds of crime and PMLA being a Central Act, there is no impediment for the Enforcement Directorate to register case and prosecute the persons, who continued to possess the proceeds of crime as defined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MLA. 11. With reference to the arguments, Section 2(1) (u) defines proceeds of crime means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property or where such property is taken or held outside the country then the property equivalent in value held within the country or abroad. Thus, it is relevant to consider the scope of Section 3 which provides offence of money laundering. Section 3 stipulates that Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose and object of PMLA is to deal with economic offences. Therefore, the provisions are stand alone and the Enforcement Directorate is conferred with the powers to prosecute the persons under Section 3 of the PMLA. 15. In view of the said fact, the principles of double jeopardy has no application. The other grounds raised by the petitioner are connected with the merits of the case. Section 24 of the Act provides burden of proof and it lies on the affected persons. Therefore, the petitioner has to establish their innocence during the course of trial through documents and evidences available on record. Grounds touching upon the merits cannot be adjudicated in a discharge petition. The probate value of the evidences cannot be considered whil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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