TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court rejects transfer of criminal cases to Special Court for Prevention of Money Laundering Act</h1> <h3>Shri S. Kumar @ S. Vijayakumar S/o. Shri N. Sivagnanam and Shri S. Elumalai S/o. Shri N. Sivagnanam, Versus The Inspector of Police and The Deputy Director Directorate of Enforcement Government of India, Ministry of Finance, Shri S. Muralidharan, Shri R. Chandrasekaran</h3> Shri S. Kumar @ S. Vijayakumar S/o. Shri N. Sivagnanam and Shri S. Elumalai S/o. Shri N. Sivagnanam, Versus The Inspector of Police and The Deputy ... Issues Involved:Transfer of criminal cases from CBI Court to Special Court for Prevention of Money Laundering Act.Analysis:The petitioners, accused in multiple cases, sought to transfer proceedings from the CBI Court to the Special Court for Prevention of Money Laundering Act. The prosecution alleged a criminal conspiracy resulting in significant pecuniary loss to a bank. The Directorate of Enforcement filed a charge sheet under various sections of the Indian Penal Code and the Prevention of Corruption Act. The petitioners argued that the Act allows for joint trials and transfer of proceedings to the Special Court, emphasizing common evidence and the need for coherence in trials.The CBI opposed the transfer, contending that only scheduled offenses under the Act could be jointly tried in the Special Court. They argued that the charges framed by the CBI Court did not align with the Act's provisions, and no prejudice would arise from continuing the trial in the CBI Court. They highlighted the different stages of proceedings in the two courts and the potential for delay if transfers were allowed.The court noted that the petitioners were charged with serious bank fraud offenses by the CBI, distinct from money laundering charges. While the Special Court for Money Laundering Act could try related offenses, the CBI's charges did not fall under the Act's purview. The court emphasized the need for expeditious trials and the specialization of the Special Court for money laundering cases, cautioning against unnecessary delays or overlapping jurisdictions.Referring to Section 44 of the Act, the court clarified that only offenses under the Act and scheduled offenses could be tried in the Special Court. As the CBI had not charged the petitioners with money laundering offenses, the transfer to the Special Court was deemed inappropriate. The court highlighted the independence of evidence in separate cases and the potential prejudice to both prosecution and accused if transfers were granted. Ultimately, the court dismissed the petitions, emphasizing the importance of proceeding with ongoing trials without undue delay or disruption.
TaxTMI 