HC junks plea for ED probe into pre-poll seizure of ₹3.99 crore
The o ences under which the case was led were not scheduled o under PMLA, ED’s Special Public Prosecutor informs the court ences
The Madras High Court on Wednesday dismissed a writ petition that sought a probe by the Enforcement Directorate (ED) into the seizure of ₹3.99 crore from three passengers at the Tambaram railway station on April 7, and another reported seizure of ₹28.5 lakh from the DMK Tirunelveli East district secretary’s oce on April 4.
Justices M.S. Ramesh and Sunder Mohan dismissed the case after the ED’s special public prosecutor (SPP), N. Ramesh, told the court that the oences under which the Tamil Nadu police had registered a case regarding the seizure of ₹3.99 crore were not scheduled oences under the Prevention of Money Laundering Act (PMLA), 2002, and therefore, the ED would not be able to investigate the case.
The judges also stated that a detailed order providing reasons for the dismissal of the plea would be passed later. C.M. Raghavan, an independent candidate who contested from the Tirunelveli constituency in the Lok Sabha election, had led the writ petition seeking action against BJP candidate Nainar Nagenthran and Congress candidate C. Robert Bruce under the PMLA.
His counsel, A. Immanuel, said the State police had seized ₹3.99 crore from a train bound for Tirunelveli, and that those possessing the cash were found to be close associates of the BJP candidate.
Similarly, the Congress candidate was part of an alliance led by the DMK, and therefore, he must be made answerable for the seizure of the ₹28.5 lakh, he said.
However, on nding that the FIR with regard to the seizure of ₹3.99 crore had been registered under Sections 171C, 171E and 171F (all related to bribery and undue inuence in elections), and 188 (disobedience to order duly promulgated by a public servant) of the Indian Penal Code, the judges had, on Monday, sought to know whether they were scheduled oences under the PMLA.