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A. BADHARUDEEN
Saji John – Appellant
Versus
Assistant Director, Directorate of Enforcement, Government of India Cochin Zonal Office – Respondent
The conclusion of the legal document is that the petition filed challenging the cognizance taken by the Special Court is allowed. The court found that the Special Court's order to take cognizance without adhering to the mandatory procedural requirement of giving the accused an opportunity to be heard, as stipulated in the relevant provisions, was improper. Consequently, the order of cognizance is set aside, and the case is reverted to the pre-cognizance stage. The Special Court is directed to re-examine the matter, ensuring compliance with the procedural safeguards, including providing the accused an opportunity to be heard and considering the question of sanction under relevant legal provisions before proceeding further (!) .
ORDER
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred as ‘BNSS’ for short], to quash all further proceedings in S.C. (PMLA) No.2 of 2025 on the files of the Court of the Special Court (SPE/CBI), Ernakulam, arose out of ECIR/KCZO/07/2020 initiated pursuant to FIR No.V.C.02/2014/SCE of VACB, Special Cell, Ernakulam. The petitioners herein are accused Nos.1 and 2 in the above case.
2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for Enforcement Directorate, in detail. Perused the relevant materials available.
3. In this matter, the prosecution allegation is that, the 1st accused/1st petitioner, while working as a Government servant during the period from 01.01.2000 to 17.01.2014, amazed assets worth Rs.1,43,58,155/-, which is 113.45% in excess of his known sources of income and thereby committed offences 13(1)(e) read with 13(2) of the Prevention of Corruption Act, 1988 and under Section 4 read with 3 of the Prevention of Money-Laundering Act, 2002 [hereinafter referred as ‘PMLA’ for short] by the accused.
4. According to the learned counsel for the petit
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