In a significant development under the newly enacted , a has ruled that the ’s failure to decide a request within 120 days amounts to . The ruling by Special Judge Rajendra Kumar Patidar effectively grants the the green light to proceed with prosecution against a second-class gazetted government officer and her husband in a money laundering case.
The ED had sought sanction to prosecute the accused for allegedly practicing medicine privately while in government service and using the proceeds to acquire properties. The request was sent by speed post on , with a reminder on , but the state government did not communicate any decision within the prescribed period under , which replaced the old provision.
120-Day Deadline and
The ED’s counsel argued that since the accused’s private practice did not form part of her official duties, no sanction was required under the
. However, the court focused on the procedural aspect — the state’s failure to respond within 120 days. Citing the BNSS provision, the court held that
"if the State Government fails to decide a prosecution-sanction request within 120 days of receipt, the sanction may be deemed granted under Section 218(1) BNSS."
The ED also relied on the
’s ruling in
and the ’s judgment in
.
Under
The court noted that the ED’s speed post was not returned undelivered, raising a presumption under
that the letter reached the state government.
"The court raised the presumption that the letter reached the State Government under
,"
the order recorded. Therefore, the court allowed the ED’s application for
. The defence counsel had argued that the ED could file a complaint only after obtaining sanction, but the court’s ruling overcomes that hurdle.
Case Listed for November 2026
The court granted time to the defence to argue on and listed the matter for . The case is being prosecuted by Special Public Prosecutor with Law Assistant , while the accused are represented by Advocates and .
This ruling is among the first to interpret the provision in the BNSS, which came into effect in . It underscores the importance of timely decision-making by in corruption and money laundering cases. Legal experts note that the provision aims to prevent delays in prosecution and ensure accountability. The matter will now proceed to a hearing, where the court will determine whether to take of the complaint.
deemed prosecution sanction - state government inaction - BNSS 120-day rule - PMLA special court ruling - prosecution sanction request