M/S. National Medicines Private Limited v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22..12..2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice N.ANAND VENKATESH Criminal Original Petition No.32003 of 2022 and Crl.M.P.No.19669 of 2022 M/s. National Medicines Private Limited, Rep. by its Present Director, Mr.Kamalchand Jain, No.9, Krishna Bai Street, T.Nagar, Chennai 600017.

..... Petitioner -VersusThe Assistant Director, Directorate of Enforcement, Government of India, Ministry of Finance, Department of Revenue, II & III Floor, "C" Block, Murugesa Naicker Office Complex, 84, Greams Road, Chennai 600006.

.... Respondent Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.14 of 2018 pending on the file of the Principal Sessions Court (Special Court Court constituted under Section

43(1) of the Prevention of Money Laundering Act, 2002), Chennai and to quash the same.

For Petitioner : Mr.R.Rajarathinam For Respondents : Mr.P.Sidharthan, Spl. Public Prosecutor (ED cases)

ORDER

[Order of the Court was made by P.N.PRAKASH.J.,] This Criminal Original Petition has been filed seeking to quash the prosecution in C.C.No.14 of 2018 pending on the file of the Principal Sessions Court (Special Court Court constituted under Section 43(1) of the Prevention of Money Laundering Act, 2002), Chennai.

2. Heard Mr.R.Rajarathinam, learned counsel for the petitioner and Mr.P.Sidharthan, learned Special Public Prosecutor (ED cases) for the respondent.

3. It is seen that this court has already dismissed the original petition in Crl.O.P.No.15357 of 2022 filed by the co-accused viz., Anuraag Jain (A2) and K.Manjula (A4) on 19.09.2022. This petitioner (A1) is also on the same footing and, therefore, we find no merit in this quash petition and the same is liable only to be dismissed.

4. At this juncture, the learned counsel for the petitioner placed strong reliance on the interim order that was passed in W.P.No.16467 of 2022, wherein, we have granted an order of interim stay of all further proceedings under the PMLA for the offence u/s 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988.

5. In our considered view that interim order, will not come to the rescue of the petitioner whose case is covered by the final order in Crl.O.P.No.15357 of 2022 dated 19.09.2022. In any event, the interim order granted by this court cannot be taken as a precedent for deciding the issues involved in the present case.

In the result, this Criminal Original Petition is dismissed. Consequently, connected Crl.M.P. stands closed. (P.N.P., J.) (N.A.V.,J.) 22..12..2022 Index: Yes/No kmk

To 1.The Principal Sessions Court (Special Court Court constituted under Section 43(1) of the Prevention of Money Laundering Act, 2002), Chennai.

2.The Assistant Director, Directorate of Enforcement, Government of India, Ministry of Finance, Department of Revenue, II & III Floor, "C" Block, Murugesa Naicker Office Complex, 84, Greams Road, Chennai 600006.

3.The Spl. Public Prosecutor (ED Cases), High Court, Madras.

P.N.PRAKASH.J., AND N.ANAND VENKATESH.J., kmk 22..12..2022