On an ED application under Section 44(1)(c) PMLA, the High Court relied on Rana Ayyub to hold the Special Court seized of the PMLA complaint has jurisdiction over the scheduled offence, and transferred CBI Case No.537/2019 from Rouse Avenue to the ASJ/Special Judge-CBI-03/PMLA, Saket Courts.
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Through: Mr. Anupam S.Sharrma, SPP with Mr. Prakarsh Airan, Mr. Syamantak Modgill, Advocates.
versus M/S REI AGRO LTD. AND ORS. ..... Respondents Through: Mr. Kuljeet Singh, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 05.04.2024
Page 1 of 3
TR.P.(CRL.) 14/2023
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 12:03:46
REI Agro Ltd. & Ors.’, filed under Sections 45 and 44 of PMLA, 2002 is pending. This application was allowed vide order dated 17.10.2022 and the Court directed the matter to be placed before the learned Principal District and Sessions Judge-cum-Special Judge (PC Act) CBI, RADC, New Delhi.
“38. The only contingency that could not have been provided in the above provisions of the Cr.P.C. is perhaps where the offence of moneylaundering is committed. This is why Section 44(1) begins with a nonobstante clause. The whole picture is thus complete with a combined reading of Section 44 of the PMLA and the provisions of Sections 177 to 184 of the Cr.P.C.
39. Once this combined scheme is understood, it will be clear that in view of the specific mandate of clauses (a) and (c) of sub-section (1) of Section 44, it is the Special Court constituted under the PMLA that would have jurisdiction to try even the scheduled offence. Even if the scheduled offence is taken cognizance of by any other Court that Court shall commit the same on an application by the concerned authority to the Special Court which has taken cognizance of the offence of money-laundering.
Page 2 of 3
TR.P.(CRL.) 14/2023
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 12:03:46
This answers the first question posed before us.”
JYOTI SINGH, J
APRIL 5, 2024/ DU/kks
Page 3 of 3
TR.P.(CRL.) 14/2023
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 12:03:46
1 issue framed by the court
Whether the CBI scheduled-offence case should be committed to the Special Court (PMLA) at Saket where the money-laundering complaint is pending, per Section 44(1) PMLA.
Colour shows how this judgement treated each authority
Rana Ayyub v. Directorate of Enforcement through its Assistant DirectorRelied on¶3
Rana Ayyub v. Directorate of Enforcement through its Assistant Director, AIR 2023 SC 875 · Who else cites this
2 provisions across 1 enactments
CBI
M/S REI Agro Ltd.
Ors.
Jyoti Singh
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
