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2023 Supreme(SC) 338

V. RAMASUBRAMANIAN, PANKAJ MITHAL
KA Rauf Sherif – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Devina Sehgal, AOR Mr. Abdul Shukoor Mondambra, Adv. Mr. Shaikh S.Dastgir, Adv. Mr. Shaikh Nikali Barsha, Adv. Mr. A.K. Kaul, Adv.
For the Respondent(s): Mr. K.M. Nataraj, ASG Mr. V. Joshi, Adv. Mr. Sharath Nambiar, Adv. Mr. Vinayak Sharma, Adv. Mr. Indira Bhakar, Adv. Mr. Anuj, Adv. Mr. Nakul Chengappa K.K. Adv. Mr. Chitransh Sharma, Adv. Mr. Mukesh Kumar Maroria, AOR

JUDGMENT :

V. RAMASUBRAMANIAN, J.

1. This is a petition filed by a person arrayed as Accused No.1 in a complaint filed by the Enforcement Directorate, under Section 406 of the Code of Criminal Procedure, 19731[For short, “the Code”] read with Section 65 of the Prevention of Money-laundering Act, 20022[[For short, “PMLA”], seeking transfer of Sessions Case No.1004/2021 arising out of ECIR/02/HIU/2018, from the Court of the Special Judge, PMLA, Lucknow to the Court of the Special Judge, PMLA at Ernakulam, Kerala.

2. We have heard Shri S. Nagamuthu, learned senior counsel appearing for the petitioner and Shri K.M. Nataraj, learned Additional Solicitor General appearing for the respondents.

3. The petitioner claims that he was the General Secretary of Campus Front of India, which is now banned as an unlawful association, vide Notification issued by the Union of India, Ministry of Home Affairs dated 27.09.2021 under Section 3 of the Unlawful Activities (Prevention) Act, 19673[For short, “UAPA”]. The circumstances under which the petitioner has come up with the above transfer petition are as follows:

    (i) A complaint in FIR No.276/2013 was registered on 23.04.2013 by the Sub-Inspector of Poli


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