TaxTMI 
TaxTMI 
2018 (8) TMI 1024
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....present petition, on account of which, delay took place in filing the present petition. 2. In view of the averments made in the application as also the arguments advanced, I am of the view that the petitioner has explained the delay in filing the petition. Accordingly, the delay in filing the petition is condoned. 3. The application is allowed. CRL.REV.P. 67/2017 & Crl.M.A.1023/2017 (stay) 1. The petitioner/Directorate of Enforcement impugns order dated 26.11.2015, passed by the Trial Court, as also order dated 28.03.2016, passed by the District & Sessions Judge, transferring/committing the case to the Court of Special Judge (Central), Tis Hazari under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "Money Laund....
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....ns Judges in Delhi to be Special Courts under the Money Laundering Act, the District & Sessions Judge transmitted the case back to the Court of Metropolitan Magistrate for passing appropriate orders. 7. By order dated 18.03.2016, the Court of Metropolitan Magistrate reviewed its own earlier order dated 19.11.2015 (whereby is was held that the proceedings are liable to be committed/transferred to the Special Court where proceedings qua the offence of money laundering qua the respondents were pending), and committed the matter to the Court of Sessions and/or Additional Sessions Judges, (Central District) Tis Hazari Courts Delhi and for the said purpose placed the matter once again before the District & Sessions Judge. It is these orders that....
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....on "the Special Court". The use of the expression "the Special Court", shows that the intention of the legislature is that the Special Court that has already taken cognizance of the complaint of the offence of money laundering would be the Court to which committal has to take place and not any Special Court which may be empowered by a Notification under the Money Laundering Act. 12. Even if the proceedings pertaining to a scheduled offence were pending before a special court notified under the Money Laundering Act and that court is not the special court that had taken cognizance of the offence of money laundering, on an application being moved by the authorised authority, even that special court would be mandated to transfer/commit the pro....