Nagpur Court Ruling on PMLA Cases
In a recent ruling, the Bombay High Court’s Nagpur bench clarified that once a case is filed by the Enforcement Directorate (ED) in a special court under the Prevention of Money Laundering Act (PMLA), it must remain in that court and cannot be transferred to another.
The decision came after the ED appealed to reverse a previous order from a sessions court that allowed the transfer of a case. The court sided with the ED, sending the case back to the original PMLA court.
The accused, Tapas Nandlal Ghosh, is alleged to have conspired with his wife to misappropriate investors’ funds, diverting approximately ₹1.7 crore into personal accounts for their own benefit. Initially charged at the Sitabuldi police station, the ED took over the investigation on December 10, 2020, and subsequently filed charges in the special PMLA court four days later.
Ghosh requested to have his case moved from one district judge to another. However, this request was approved without hearing the ED’s perspective, which the high court noted as a significant oversight.
The high court emphasized that cases filed under PMLA should not be moved to other courts, ensuring consistency and integrity in handling such serious matters.
