Nagpur: Once Enforcement Directorate (ED) files a case in the Prevention of Money Laundering Act (PMLA) special court, the case must be conducted in the same court and cannot be transferred to other courts, Bombay high court 's Nagpur bench recently observed.
Allowing ED's appeal, high court cancelled the sessions court order to transfer the case and remanded it back to the PMLA court .
The accused, Tapas Nandlal Ghosh , allegedly conspired with his wife and misappropriated investors' money by diverting Rs 1.7 crore to personal accounts and misusing them for personal gain.
Ghosh was initially booked at Sitabuldi PS.
ED took over the investigation on Dec 10, 2020.
On Dec 14, 2020, ED registered offences and filed a chargesheet in the special PMLA court.
The accused requested that the case be transferred from district judge-2 and additional sessions judge to district judge-1 and additional sessions judge.
The principal district and sessions judge approved this request without hearing ED.
ED subsequently moved against this order. High court clarified that the case cannot be transferred from the PMLA court to another.
Additionally, ED - despite being a necessary party - was not given an opportunity to be heard, which was a serious error, HC noted.
Allowing ED's appeal, high court cancelled the sessions court order to transfer the case and remanded it back to the PMLA court .
The accused, Tapas Nandlal Ghosh , allegedly conspired with his wife and misappropriated investors' money by diverting Rs 1.7 crore to personal accounts and misusing them for personal gain.
Ghosh was initially booked at Sitabuldi PS.
ED took over the investigation on Dec 10, 2020.
On Dec 14, 2020, ED registered offences and filed a chargesheet in the special PMLA court.
The accused requested that the case be transferred from district judge-2 and additional sessions judge to district judge-1 and additional sessions judge.
The principal district and sessions judge approved this request without hearing ED.
ED subsequently moved against this order. High court clarified that the case cannot be transferred from the PMLA court to another.
Additionally, ED - despite being a necessary party - was not given an opportunity to be heard, which was a serious error, HC noted.
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