In a significant money laundering case against Binnesh Koderi who is the son of Former CPI(M) Leader Kodiyeri Balakrishnan, the Karnataka High Court stayed the Enforcement Department (ED) Proceeding under PMLA Act, after the Arrest.
Senior advocate K. Suman, appeared for the petitioner and Special Public Prosecutor Prasanna Kumar appeared for the respondent.
It was submitted by the counsel of the petitioner that the cognizance taken of the offences under the Prevention of Money Laundering Act in the absence of the petitioner having been charge-sheeted for the predicate offence (under the NDPS Act) is not permissible.
The issue was commenced by Bineesh’s imprisonment started with the Narcotics Control Bureau arresting Kannada actor D Anikha and two Malayalis – Anoop Muhammad and Rijesh Raveendran – in August 2020 from Kochi.
It was argued that PMLA is also applicable to people who assist in the generation of illegal funds through crime and crime and not just to those accused in the predicate offence.
A single judge bench of Justice Hemant Chandangoudar then ordered “In Interim order as prayed for insofar it relates to the petitioner herein. List this matter after two weeks.” The special court is likely to frame charges against him on August 18.
Subscribe Taxscan Premium to view the Judgment
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
