2023 (9) TMI 238 - MADRAS HIGH COURT

Territorial Jurisdiction to hear the case - transfer of case to special court - Prayer to set aside the return Docket Order - bail application - HELD THAT:- Whatever the offence that has been alleged against anyone, which is punishable under Section 4 of the PMLA Act, that has to be tried only by Special Courts designated under Section 43(1) of the PMLA Act by virtue of the notification of the Central Government issued in consultation with the Chief Justice of the High Court concerned, where the proposed Court is located - by virtue of the notification dated 05.02.2016, the Central Government already exercised such powers in consultation with the Chief Justice of the High Court and Courts have been designated as Special Courts.

When that being the position, since the territorial jurisdiction of the case in hand is in Chennai District only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the Principal District Judge, Chennai, naturally the said case has to be tried in the said Court, since the alleged offence is to be punished only under Section 4 of the PMLA Act.

The very transfer of the case or made over made by the learned Principal Judge, Chennai by transferring the case papers to the Special Court No.I for Trial of Cases exclusively against MLAs and MPs, is not in consonance with Section 43(1) of the PMLA Act vis-avis the notification issued by the Central Government dated 05.02.2016 under notification No.SO.370(E). Therefore, the bail application filed by the petitioner in the said C.C., also has to be heard and disposed only by the Principal Judge, Chennai.

There shall be a direction to the Principal Judge, Chennai to withdraw the made over on C.C.No.9 of 2023 on the file of the said Court and accordingly entertain the bail application in Criminal M.P.SR.No.21974 of 2023 by numbering the same, if it is otherwise in order, and decide the said application after hearing both sides, at the earliest - Petition disposed off.