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Parasmal Lodha Versus Union of India, The Enforcement Directorate

Additional Sessions Court jurisdiction money laundering - Transfer of case - Held that:- As heard the learned Additional Public Prosecutor, Enforcement Directorate, who has fairly admitted that the XI Additional Sessions Court for CBI Cases, City Civil Court, Chennai, has not been notified under Section 43 of the PMLA. Further, he has submitted that the respondent has already moved the learned XI Additional Sessions Judge for CBI Cases, City Civil Court, Chennai, by filing an application to tran .....

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ncipal Sessions Judge, City Civil Court, Chennai, forthwith. The criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. - Crl.O.P.No.554 of 2017 and Crl.M.P.No.473 of 2017 - Dated:- 10-1-2017 - R. Mahadevan, J. For the Petitioners : Mr.A.Ramesh, SC, for Mr.K.P.Ananthakrishna For the Respondent : Mr.N.Ramesh ORDER The present criminal original petition has been filed to call for the records and quash the same in Crl.M.P.No.48 of 2017 on th .....

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was arrested on 21.12.2016 by the Enforcement Directorate, Delhi, pursuant to the registration of ECIR No.14/DZO II/2016 dated 16.12.2016. Thereafter, he was produced before the learned Additional Sessions Judge, New Delhi, and remanded to judicial custody. Thereafter, on 4.1.2017, pursuant to the application made by the Enforcement Directorate, the learned Special Judge permitted the petitioner to be produced before the XI Additional Sessions Court for CBI Cases, City Civil Court, Chennai, in .....

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ECIR No.19 of 2016 and the learned Judge has also passed a detailed order remanding the petitioner to judicial custody in respect of the said case till 19.1.2017. Challenging the same, the petitioner has come up with the present petition. 3. Learned senior counsel appearing for the petitioner mainly submitted that the petitioner has been remanded for the offence under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA). The power to remand a person prior to cognizance .....

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or CBI Cases, City Civil Court, Chennai, has not been notified under Section 43 of the PMLA to try such scheduled offence. In this regard, learned senior counsel has brought to the attention of this Court to Sections 43 and 44 of PMLA, which read as follows:- Special Courts: (1) The Central Government in consultation with the Chief Justice of the High Court, shall for trial of offence punishable under Section A by notification designate one or more Courts of Session as Special Court or Special C .....

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efore the commencement of this Act, shall contribute to try such scheduled offence; or (b) ... By relying upon the said sections, learned senior counsel appearing for the petitioner submitted that insofar as the District of Chennai, there are six notified Courts under PMLA viz., 1.The Principal Sessions Judge, Chennai, 2.The VII Additional Sessions Judge, 3.The IX Additional Sessions Judge, 4.The XII Additional Sessions Judge, 5.The XIII Additional Sessions Judge, 6.The XIV Additional Sessions J .....

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