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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J.JAMDAR
Amit Chandole – Appellant
Versus
Directorate of Enforcement Through its Assistant Director, Mumbai – Respondent
| Table of Content |
|---|
| 1. summary of facts related to the allegations against the parties. (Para 1 , 2 , 5) |
| 2. discussions on the judges' observations and implications for future actions. (Para 3 , 11 , 12) |
| 3. court's analysis of the procedural missteps of lower courts. (Para 6 , 10 , 13) |
| 4. emphasis on the legal duties of the magistrate regarding reports. (Para 7 , 14) |
| 5. final decision to allow the writ petitions with remand instructions. (Para 16) |
JUDGMENT :
1. The reliefs sought in Criminal Writ Petition No.4523 of 2022 are as follows :-
c. That this Hon’ble Court be pleased to quash and set aside letter bearing OW No. 17951/2022 dated 4th August, 2022 from the Registrar of Sessions Court, Mumbai, directing the Ld. Additional Chief Metropolitan Magistrates 47th Court at Esplanade, Mumbai, to pass appropriate orders with regards to the ‘C’-Summary Report, and thereafter commit the same to the Ld. Special PMLA Court, Mumbai;
e. That this Hon’ble Court be pleased to quash and set aside the impugned judgement and order dated 14/09/2022, accepting ‘C’-Summary Report, passed by the Ld. Additional Chief Metropolitan Magistrates 47th Court at Esplanade, Mumbai in CC No. 2448/MISC/2021 in MECR No. 5/2
A Magistrate must duly consider all aspects before accepting a 'C' Summary Report, ensuring the informant's opportunity to be heard.
The court affirmed that under Section 44(1)(c) of the PMLA, the Special Court is designated to try both scheduled offences and money laundering offences, emphasizing legislative intent for discretion....
Point of Law : Application was not maintainable before learned Magistrate, since Court did not have the power to direct recording of statements for it to become a record under the PMLA, the order wh....
The trial for scheduled offences and money laundering offences must occur in a Special Court as outlined in Section 44(1) of PMLA, reflecting legislative intent for concurrent trials.
The Special Court has jurisdiction to try scheduled offences related to money laundering, ensuring fairness and appropriate sentencing under the law.
The main legal point established in the judgment is the interpretation of jurisdictional provisions under the PML Act, 2002 and the principle that objections regarding taking cognizance cannot be rai....
The High Court has the authority to permit the transfer of cases between Special Courts under the Prevention of Corruption and Money Laundering Acts, despite statutory provisions suggesting otherwise....
The jurisdiction of the Special Court under the PMLA and the constitutionality of Section 44(1)(c) of the PMLA were the central legal points established in the judgment.
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