The main legal point established in the judgment is that the Special Judge, CBI Ranchi, had jurisdiction to take cognizance against the petitioner in the matter relating to the offences under the PMLA Act.

Heard learned counsel for the petitioner and learned counsel for the Enforcement Directorate.

2. Petitioner is aggrieved by the order dated 25.3.2014passed by the learned Special Judge, CBI Ranchi, in ECIR/02/PAT/09/AD(C), whereby cognizance has been taken against the petitioner and the other co-accused persons for the offence under Section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred as to the ‘PMLA Act’).

3. The Vigilance Case No. 9 of 2009 was registered against Madhu Koda and others, for commission of the offences punishable under Sections 409/420/423/424/465/120-B of the Indian Penal Code and Sections 7/10/11/13 of the Prevention of Corruption Act, on the basis of the complaint filed by one Rajiv Sharma vide complaint No.1 of 2009. The investigation of the case was taken up by the Vigilance Department of Ranchi. A public Interest Litigation WP (PIL) No.4700 of 2008 was also filed in this Court by one Durga Oraon alleging corrupt practices by Madhu Koda and others and the another WP (PIL) No.2252 of 2009 was filed by one Aman Munda making similar allegations against Madhu Koda and others, seeking direction of the High Court for investigation by the Central Bureau of Investigation and the Income Tax Department. Subsequently, Directorate of Enforcement was made one of the respondents in the WP(PIL) No.4700 of 2008. The High Court vide order dated 4.8.2010 in WP(PIL) No.4700 of 2008 transferred the investigation in Vigilance Case No.09 of 2009 to the CBI for further investigation. In compliance of the order of the High Court, the Vigilance Case No.9 of 2009 was taken up by the CBI and the case was re-registered by CBI as case No. RC 5(A)/2010/AHD-Ranchi dated 11.08.2010. Ultimately, after investigation, the CBI, AHD Ranchi, submitted the charge-sheet No.7 of 2011 dated 22.12.2011 in the said RC 5(A)/2010/AHD-Ranchi, before the learned Special Judge, CBI, Ranchi, against the petitioner and other accused persons for the offence under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act and Section 109 of the IPC.

4. During the investigation in the vigilance case, the Enforcement Directorate obtained the copy of the FIR No.9 of 2009 for investigation under the Prevention of Money Laundering Act, and the investigation was taken up under the ECIR (Enforcement Case Information Report) bearing No. ECIR/02/Pat/2009/AD dated 8.10.2009. Upon investigation, the complaint case was filed by the Enforcement Directorate before the learned Special Judge CBI, Ranchi, before whom the charge-sheet was submitted in RC 5(A)/2010/AHD-Ranchi. On the basis of the complaint, as contained in Annexure–1 to this application, the cognizance has been taken by the learned Special Judge, CBI, Ranchi by the order dated 25.3.2014, which has been challenged in the present case.

5. Learned counsel for the petitioner has challenged the impugned order taking cognizance by the learned Special Judge, CBI, Ranchi, submitting that under Section 43 of the PMLA Act, Special Courts are to be constituted by the Central Government in consultation with the Chief Justice of the concerned High Court for trial of the offences punishable under Section 4 of the said Act, and under Section 44 of the PMLA Act, the Special Court constituted under Section 43 of the Act, is empowered to take cognizance upon the complaint. Learned counsel has submitted that a general notification has been issued by the Central Government in exercise of the power under Section 43 of the PMLA Act, whereby, so far as the State of Jharkhand is concerned, it is the 1st Additional Judicial Commissioner, Ranchi, who has been empowered to try the cases under the PMLA Act arising within the jurisdiction of the Ranchi Sessions Division. Learned counsel has pointed out that even thereafter, two notifications have been issued by the Central Government, one being dated 23rd May 2012, which reads as follows:-

“S.O. 1159(E).-In exercise of the powers conferred