Ponmudy
ED had registered the money laundering case based on an FIR registered by the Villupuram police against him, his son and others, for offences under Sections 379, 406, 420, 120-B IPC and Section 21(1) of the IPC and the Mines & Minerals (Development & Regulation) Act, according to Ponmudy. On April 2, the sessions court acquitted the former minister of the charges and held that there was no nexus between the grant of the lease and alleged illegal gain or conspiracy.
Therefore, in view of the decision of Supreme Court in the case of Vijay Madanlal, when the predicate case against the petitioners had ended in acquittal, the prosecution pending before the special court under the Prevention of Money Laundering Act (PMLA) cannot be allowed to proceed, the bench said.
“Admittedly, the trial court by judgment dated April 2, had acquitted all the accused who are facing trial in the case, and thereby the entire predicate case against the accused who are the petitioners herein had ended in acquittal,” the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan said. “As per settled proposition of law, once an accused was discharged/acquitted from the predicate offence, the prosecution under the PMLA would no longer exist and was liable to be quashed,” he said. The court passed the order since Ponmudy was acquitted in the predicate offence based on which ED registered the case. Relying on the acquittal, Ponmudy moved high court seeking to quash the money laundering case.
CHENNAI: Madras high court on Tuesday quashed a money laundering case registered by Enforcement Directorate (ED) against former minister and DMK leader K Ponmudy.