Special Court jurisdiction under PMLA controls production warrants and remand; non-notified court lacked authority

A court not notified as a Special Court under the Prevention of Money Laundering Act, 2002 had no jurisdiction to issue a production warrant or remand an accused to judicial custody in PMLA proceedings. The statutory scheme under Sections 43 and 44 vests trial of the scheduled offence and the money-laundering offence exclusively in the notified Special Court for the area concerned, and incidental powers under Sections 267 and 167 of the Code of Criminal Procedure cannot be exercised by a court lacking special-statute jurisdiction. The remand order was therefore unsustainable, and the matter had to be placed before the competent Special Court.

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Issues: Whether the XI Additional Sessions Judge for CBI Cases, Chennai, which was not notified as a Special Court under the Prevention of Money Laundering Act, 2002, had jurisdiction to issue a production warrant and remand the petitioner to judicial custody.

Analysis: The statutory scheme under Sections 43 and 44 of the Prevention of Money Laundering Act, 2002 confines trial of scheduled offences and the offence of money-laundering to the notified Special Court for the area concerned. The production of a person under Section 267 of the Code of Criminal Procedure, 1973 is only incidental to proceedings before a court having lawful seisin of the matter, and remand jurisdiction under Section 167 of the Code of Criminal Procedure, 1973 cannot be exercised by a court that lacks jurisdiction under the special enactment. Since the XI Additional Sessions Judge was admittedly not a notified Special Court for PMLA matters, the issuance of the production warrant and the order of judicial remand were without jurisdiction.

Conclusion: The remand order could not be sustained, and the matter had to be transferred to the competent notified Special Court.

Final Conclusion: The petition succeeded on the jurisdictional issue, and the proceedings were directed to be placed before the proper Special Court for continuation in accordance with law.

Ratio Decidendi: Where a special statute vests trial and related jurisdiction exclusively in a notified Special Court, a court not so notified cannot validly issue a production warrant or remand an accused in that prosecution.

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