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        Money Laundering

        2017 (6) TMI 1362 - HC - Money Laundering

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        PMLA Special Court jurisdiction does not extend to transfer of separate CBI corruption cases solely due to a connected complaint. Section 44 of the Prevention of Money Laundering Act is described as permitting trial of PMLA offences and connected scheduled offences before the Special ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            PMLA Special Court jurisdiction does not extend to transfer of separate CBI corruption cases solely due to a connected complaint.

                            Section 44 of the Prevention of Money Laundering Act is described as permitting trial of PMLA offences and connected scheduled offences before the Special Court, but not as extending jurisdiction to CBI cases charging only Indian Penal Code and Prevention of Corruption Act offences. The text states that the existence of a separate PMLA complaint did not by itself justify transfer of those criminal cases to the PMLA Special Court. It also notes that the proceedings had substantially advanced, with some witnesses already examined, so a transfer at that stage would risk prejudice and delay. The transfer request was therefore rejected on the stated jurisdictional and practical grounds.




                            Issues: Whether criminal cases pending before the CBI Special Court, involving offences under the Indian Penal Code and the Prevention of Corruption Act, could be transferred to the Special Court under the Prevention of Money Laundering Act solely because a connected money-laundering complaint was pending there.

                            Analysis: Section 44 of the Prevention of Money Laundering Act permits trial by the Special Court of offences punishable under that Act and the connected scheduled offences. The cases sought to be transferred were charge-sheeted by the CBI only for offences under the Indian Penal Code and the Prevention of Corruption Act, and not for money-laundering offences. The existence of a separate complaint before the Special Court under the Prevention of Money Laundering Act did not by itself confer jurisdiction on that Court to try the CBI cases. The Court also noted that the CBI proceedings had progressed substantially, some witnesses had already been examined, and transfer at that stage would cause prejudice and delay.

                            Conclusion: The transfer prayer was rejected. The CBI cases were held not transferable to the Special Court under the Prevention of Money Laundering Act merely because of the connected complaint.


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