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2025 (9) TMI 816
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....ase No. 1/2023 arising out of Crime No. 505/2020. The crime was registered at the Sitabuldi Police Station, Nagpur against accused Tapas Nandulal Ghosh under Sections 409, 420, 467, 468, 470, and 471 read with 34 of the IPC on allegations that he along with his wife had conspired and is engaged in siphoning of money from the employer of accused Tapas by transferring sum of Rs. 1,74,33,961/- to their personal accounts through series of fraudulent transaction thereby misappropriating the funds for personal gain. Considering the nature of allegations and involvement of scheduled offences under the Prevention of Money Laundering Act (PMLA), 2002 (the PMLA). The matter was taken by the Directorate of Enforcement (the ED) on 10.12.2020 for a detailed investigation. Accordingly, Enforcement Case Information Report (ECIR) was lodged on 14.12.2020 and after completion of investigation, chargesheet was submitted accused Tapas Ghosh. 4. Upon completion of the enquiry, a prosecution complaint bearing No.2/2023 under Sections 3 and 4 of the PMLA was filed before the Special Court constituted under Section 43 of the PMLA at Nagpur. The proceedings before the special court was thus initiated a....
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....fence in view of Section 44(1)(c) of the PMLA and the matter was committed to the Special Court. Learned Principal District Judge disregarding the petitioner's crucial role, without hearing the petitioner, transferred the case of the Special Court to the Court of learned District Judge-1 and Additional Sessions Judge. In fact, the petitioner was necessary party to such transfer application. The legislative intent behind introduction of Section 44(1)(c) of the PMLA was ignored by learned Principal District and Sessions Judge. He invited my attention to Sections 43 and 44 of the PMLA and submitted that Section 44(1)(c) of the PMLA, even if read in isolation, and without reading it in conjunction with Section 43 of the PMLA, would render the impugned order void and liable to be set aside. The impugned order allowing the transfer of the case disregards the statutory framework of the PMLA, particularly Section 44(1)(c) which explicitly requires that when a court, other than the Special Court, court has taken cognizance of the scheduled offence, it shall, upon an application by the appropriate authority, commit the case to the Special Court. 8. The petitioner being the authority under....
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....d CJM with a request to commit the case before the Special Court. After considering the scope under Section 44(1)(c) of the PMLA, learned CJM committed the case to the Designated Special Court which was registered as Criminal Case No. 1/2023. When the Special Court was holding charge of the cases, the accused filed an application before the Special Court for transfer of the case. Learned District Judge-2 and Additional Sessions Judge shown his inability to transfer by saying that it has no jurisdiction to transfer the case and, thereafter, the accused approached learned Principal District and Sessions Judge and the Sessions Judge has allowed the application by observing that District Judge-1, Nagpur has already heard both the sides in the matter and aware about the facts of the case and it would be of general convenience of the parties and transferred Criminal Case No. 1/2023. This order is challenged mainly on the ground that the ED was necessary party to the said transfer application. The accused has not made the petitioner as party and learned Principal District and Sessions Judge ignored the provisions of Section 44(1)(c) of the PMLA. Learned Principal District and Sessions Jud....
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....it shall, on an application by the authority authorized to file a complaint under this Act, commit the case relating to the scheduled offence to the Special Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage at which it is committed. (d) a Special Court while trying the scheduled offence or the offence of money-laundering shall hold trial in accordance with the provisions of the Code of Criminal Procedure, 1973 ( 2 of 1974) as it applies to a trial before a Court of Session.] [Explanation.--For the removal of doubts, it is clarified that,-- (i) the jurisdiction of the Special Court while dealing with the offence under this Act, during investigation, enquiry or trial under this Act, shall not be dependent upon any orders passed in respect of the scheduled offence, and the trial of both sets of offences by the same court shall not be construed as joint trial; (ii) the complaint shall be deemed to include any subsequent complaint in respect of further investigation that may be conducted to bring any further evidence, oral or documentary, against any accused person involved in respect of the offence, for....
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....should follow the trial of the scheduled/predicate offence or vice versa; and (ii) whether the Court of the Special Judge can be said to have exercised extra-territorial jurisdiction, even though the offence alleged, was not committed within the jurisdiction of the said Court. While answering these questions, the Hon'ble Apex Court held that, "what is dealt with by Section 44(1)(a) is a situation where there is no complication. Section 44(1)(a) lays down the most fundamental rule relating to territorial jurisdiction, by providing that an offence punishable under Section 4 of the PMLA and any scheduled offence connected to the same shall be triable by the Special Court constituted for the area in which the offence has been committed. It is relevant to note that Section 44(1)(a) uses the expression "offence" in three places in contradistinction to the expression "scheduled offence" used only once. This usage is not without significance. In all three places where the word "offence" alone is used, it connotes the offence of money-laundering. The place where the expression "scheduled offence" is used, it connotes the predicate offence. By prescribing that an offence punishable under Sec....
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....her all the offences are to be tried together. This doubt is sought to be removed by Explanation (i) to Section 44(1). Explanation (i) clarifies that the trial of both sets of offences by the same Court shall not be construed as joint trial. 21. It has been further held by the Hon'ble Apex Court that, "a careful dissection of clauses (a) and (c) of sub-section (1) of Section 44 shows that they confer primacy upon the Special Court constituted under Section 44 43(1) of the PMLA. These two clauses contain two Rules, namely, (i) that the offence punishable under the PMLA as well as a scheduled offence connected to the same shall be triable by the Special Court constituted for the area in which the offence of money-laundering has been committed; and (ii) that if cognizance has been taken by one Court, in respect of the scheduled offence and cognizance has been taken in respect of the offence of money-laundering by the Special Court, the Court trying the scheduled offence shall commit it to the Special Court trying the offence of money- laundering. It is only because of the Special Court constituted under Section 43(1) being conferred primacy that Section 44(1) begins with the wor....