AI Overview...
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Transfer of Case under PMLA - Section 44(1)(c) of the Prevention of Money Laundering Act, 2002 (PMLA) mandates that cases involving scheduled offences can be transferred to a Special Court. The transfer is not automatic; it requires a discretionary application by the authorities, and the provisions have been challenged on grounds of constitutionality and jurisdiction. Various judgments have examined whether the transfer is mandatory or discretionary, with some courts emphasizing the non-obstante clause in Section 44(1)(c) and the need for proper application Advantage India VS Directorate of Enforcement - Delhi, Ranjit Singh Kothari VS State of West Bengal - Calcutta.
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Jurisdiction and Constitutionality - The constitutionality of Section 44(1)(c) has been scrutinized, with courts noting that the provision seeks to streamline trials of scheduled offences under the PMLA but must comply with constitutional principles. The Supreme Court has held that the provisions are valid but must be interpreted in light of the Cr.P.C. and the rights of the accused. The non-obstante clause is significant in this context, affirming the special Court's jurisdiction but not making transfer automatic Advantage India VS Directorate of Enforcement - Delhi, CBI Vs. M/S REI AGRO LTD. AND ORS. - Delhi.
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Discretionary Nature of Transfer - Several judgments clarify that transfer under Section 44(1)(c) is not automatic but depends on the application of the authorities and the court’s discretion. The courts have emphasized that such transfers should be based on considerations of justice and fairness, and the accused's rights must be safeguarded. The Supreme Court has also observed that simultaneous trials under PMLA and predicate offences are permissible but should be managed to prevent prejudice Danish Khan vs State of U.P. Thru. Prin. Secy. Home Lko - Allahabad, Ranjit Singh Kothari VS State of West Bengal - Calcutta.
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Procedural Aspects and Case Examples - Cases have involved applications for transfer from Special Courts to Magistrate's Courts or between different jurisdictions, with courts examining whether proper procedures under Section 44 have been followed. For instance, transfers from Balasore to Bhubaneswar or from the Special Court to other courts have been considered, with courts scrutinizing the grounds and procedural compliance CBI Vs. M/S REI AGRO LTD. AND ORS. - Delhi, SAROJ KUMAR SAMANTA vs STATE OF ODISHA - Orissa.
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Judicial Interpretation - The courts have consistently emphasized that the provisions of Section 44(1)(c) are to be read in conjunction with the Cr.P.C., particularly Sections 177 to 184, to ensure procedural fairness. The Supreme Court has also highlighted that the discretion vested in authorities must be exercised judiciously, and any transfer order must be supported by proper application and reasons R.SUBRAMANIAN vs THE CENTRALBUREAU OF INVESTIGATION - Madras.
Analysis and Conclusion: The transfer of cases under Section 44(1)(c) of the PMLA is a discretionary process, not an automatic one. While the provision aims to facilitate the trial of scheduled offences by allowing transfer to Special Courts, courts have underscored the importance of procedural fairness, constitutional validity, and safeguarding the rights of the accused. Proper application and judicial oversight are essential to ensure that transfers are justified and lawful. The Supreme Court's judgments reinforce that the power to transfer must be exercised judiciously, aligning with constitutional principles and procedural safeguards.
Search Results for "44 1 C Pmla Transfer of Case"
2023 0 Supreme(Del) 3969 • India - Delhi
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Issues: Jurisdiction of the Special Court under the PMLA, constitutionality of Section 44(1)(c) of the PMLA, and the transfer ... offence, and the provisions of Section 44(3)(c) of the PMLA provide for the transfer of the case to the Special Court. ... of Money Laundering Act, 2002 as ultra-vires and unconstitutional, and the transfer of the case to a different court. ... In the present #HL_START....
2025 0 Supreme(All) 2303 • India - IN THE HIGH COURT OF ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
(A) Prevention of Money Laundering Act, 2002 - Section 44(1) - The applicant challenged the rejection of his application to transfer ... a case from a Special Court under PMLA to a Magistrate's Court. ... to transfer the trial of scheduled offences to a Magistrate's Court, arguing potential prejudice from being tried in a Special Court ... It would be appropriate to have a look at the provision contained in Section 44(1) of the PMLA....
2024 Supreme(Online)(DEL) 19656 • India - High Court of Delhi
MS. JUSTICE JYOTI SINGH, J
Section 44(1)(c) of the Prevention of Money Laundering Act, 2002 (‘PMLA, 2002’) seeking committal of case ‘CBI v. M/s REI Agro Ltd. ... This is why Section 44(1) begins with a non- obstante clause. The whole picture is thus complete with a combined reading of Section 44 of the PMLA and the provisions of Sections 177 to 184 of the Cr.P.C. AIR 2023 SC 875 , has held that in view of the specific mandate of Clauses (a) and (c) of Section 44#HL....
2024 0 Supreme(Mad) 1929 • India - Madras
S. M. SUBRAMANIAM, M. JOTHIRAMAN
(A) Prevention of Money Laundering Act, 2002 - Section 44 - Simultaneous trial - Petition filed under Section 482 of Cr.P.C. seeking ... (Paras 6, 10, 12) ... ... Facts of the case: ... The petitioner, an accused ... simultaneous trial of cases under PMLA and predicate offences - Court held that trials under PMLA and predicate offences are distinct ... However, this Court took note of the submissions made by the learned counsel for the 2nd Respondent that steps are being taken to file necessary application as per Sect....
• India - Orissa High Court
(1)(c) of PMLA Act for transfer of the case in respect of the schedule offences from Balasore to Bhubaneswar, which is pending ... Case (PMLA) No.4 of 2011 corresponding to CID CB P.S. Case No.20 of 2009 on the grounds stated therein. ... the petitioner had moved the learned Special Court under Section 44 ... The Court perused the FIR at Annexure-1.
2021 0 Supreme(Del) 192 • India - Delhi
VIBHU BAKHRU
the case - Transfer of trial of CC arising out of RC - Petitioner contends that since Special Court (PMLA) is not empowered to try ... The concerned authority under the PMLA, is not required to make an application in every case and same can be made only where it is ... Indian Penal Code, 1860 - Sections 420/120B and 348/120 - Prevention of Corruption Act, 1988 - Section 13(2) read with Section 13(1) ... On 14.09.2020, the ED filed an application under Section 44(#HL_S....
• India - Madras
(1)(c) of the PMLA, seeking to transfer the case. ... He would submit that the provisions of Section 44(1)(a) of the PMLA Authority Authorised, to file the complaint under the Act and Egmore, Chennai based therein to direct the proceedings therein and adjourn since till transfer ... That being so, the prayer of Petitioner/A1, seeking transfer of the afore said cases from p style="position:absolute;white-space:pre
2023 0 Supreme(Cal) 1477 • India - Calcutta
TIRTHANKAR GHOSH
committed their case to the Special Court under the PMLA, asserting that the transfer is not automatic and should be discretionary ... is mandatory and the interpretation of the word 'shall' in Section 44(1)(c). ... (Paras 18) ... ... Issues: The main issues included whether the transfer of scheduled offences to the Special Court ... the transfer of the case under the schedule offence to the Special Court is automatic. ... (e) Since this provision....
2025 Supreme(Online)(Bom) 6756 • India - High Court of Bombay
HON'BLE SMT. JUSTICE URMILA SACHIN JOSHI- PHALKE
The petitioner has not allegedly made party to the application filed by the accused seeking transfer of Criminal Case No.1/2023 arising out of Crime No.505/2020. ... After considering the scope under Section 44(1)(c) of the PMLA, learned CJM committed the case to the Designated Special Court which was registered as Criminal Case No.1/2023. ... The application was for seeking transfer of RCC No.1033/2022 to the Spec....
• India - Bombay
Special PMLA Case No.452 of 2020 and Special Case No.579 of 2020 in terms of Section 44(1)(c) of PMLA Act, PMLA Act and in accordance with law. ... The applicant has preferred this application seeking transfer of Miscellaneous Application No.1640 of 2021 before the learned instructions, submit that Enforcement Directorate would prefer an application before CBI Special Judge seeking transfer
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