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2023 (11) TMI 1033 - HC - Money LaunderingMoney Laundering - interpretation of statute - Certainty of the Special Designated Court to try the scheduled offence - provisions of Section 44(1)(c) of PMLA, 2002 - language of the statute mandatorily direct that the transfer of the case under the schedule offence to the Special Court is automatic or not - HELD THAT:- A conjoint reading of Section 44(1)(a), Section 44(1)(c) along with Explanations (i) to the Section 44(1) makes it abundantly clear that the legislative intention was that one and same Court would try both the offences and the Special Designated Court being vested with the Sessions power for dealing with offences under PMLA would try such offence. Further the subject matter of transactions being same along with the factual foundation and the outcome in trial of the Scheduled offence having an impact in respect of the offences relating to money laundering, a harmonious construction of the provisions would lead to one and only conclusion that the Special Designated Court for trying offences under PMLA would be the Court which would try the Scheduled offences in the factual circumstances of the present case. As such the order dated March 24, 2021 passed by the learned Metropolitan Magistrate, 4th Court, Calcutta, do not call for any interference and the said order is hereby affirmed. Application disposed off.
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