2017 (1) TMI 741

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....General Finance and Investment Co. Ltd. and his accounts are audited in accordance with law. While so, the Income Tax Department conducted raid at his premises and thereafter, the petitioner was detained by the Enforcement Directorate, Delhi, on 19.12.2016. Subsequently, he was arrested on 21.12.2016 by the Enforcement Directorate, Delhi, pursuant to the registration of ECIR No.14/DZO II/2016 dated 16.12.2016. Thereafter, he was produced before the learned Additional Sessions Judge, New Delhi, and remanded to judicial custody. Thereafter, on 4.1.2017, pursuant to the application made by the Enforcement Directorate, the learned Special Judge permitted the petitioner to be produced before the XI Additional Sessions Court for CBI Cases, City C....

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....ditional Sessions Judge for CBI Cases, City Civil Court, Chennai, has not been notified under Section 43 of the PMLA to try such scheduled offence. In this regard, learned senior counsel has brought to the attention of this Court to Sections 43 and 44 of PMLA, which read as follows:- "Special Courts: (1) The Central Government in consultation with the Chief Justice of the High Court, shall for trial of offence punishable under Section A by notification designate one or more Courts of Session as Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification. (2) ... Section 44: Office triable by Special Courts:- (1) Notwithstanding anything contained in the Cod....

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....en notified under Section 43 of the PMLA and hence, the XI Additional Sessions Court for CBI Cases, City Civil Court, Chennai, without jurisdiction, had issued PT Warrant. Thus, he sought to quash the order of the learned XI Additional Sessions Judge for CBI Cases, City Civil Court, Chennai, dated 5.1.2017, remanding the petitioner to judicial custody. 5. On the above said submissions, I have heard the learned Additional Public Prosecutor, Enforcement Directorate, who has fairly admitted that the XI Additional Sessions Court for CBI Cases, City Civil Court, Chennai, has not been notified under Section 43 of the PMLA. Further, he has submitted that the respondent has already moved the learned XI Additional Sessions Judge for CBI Cases, City....