Offence Under PMLA Is Standalone, Can't Have Joint Trial With Predicate Offence Even If Both Are Before Same Court: Madras HC

The Madras High Court has clarified that the trial under the Prevention of Money Laundering Act is distinct and different from the trial of the predicate offence and thus the accused cannot seek for a simultaneous or joint trial even if both are pending before the same court. Thus, the court held that the Special Court was competent and had jurisdiction to conduct separate trials under both PMLA and predicate offence, even if both were before the same court or different court. "Since, the nature of money laundering offence is distinguishable and unconnected with the nature of offences under the IPC, 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," it further said. The court said that Special Court dealing with the PMLA offence has got jurisdiction to conduct trial irrespective of the fact, whether the predicate offence is pending or otherwise. Referring to the Supreme Court's decision in Vijay Madanlal Choudhary v, Union of India & others the high court said, "Thus pendency of the predicate offence is not a bar for continuing the trial under the PMLA by the Special Court.