Bombay High Court
Directorate Of Enforcement vs Nirav Deepak Modi And Ors on 18 March, 2019
Author: Mridula Bhatkar
Bench: Mridula Bhatkar
507.APL127_2019.doc
Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 127 OF 2019
Hemant Bhatt ... Applicant
vs.
The State of Maharashtra & Ors. ... Respondents
WITH
CRIMINAL APPLICATION NO. 126 OF 2019
Vipul Chunilal Chetalia ... Applicant
vs.
The State of Maharashtra & Ors. ... Respondents
WITH
CRIMINAL WRIT PETITION NO. 5434 OF 2018
Directorate of Enforcement
through Assistant Director ... Petitioner
vs.
Nirav Deepak Modi & Ors. ... Respondents
Mr. Vijay Aggarwal a/w. Ashul Agarwal i/b. Rahul Agarwal,
Advocate for the applicant in APL/127/2019 & APL/126/2019.
Mr. H.S. Venegoakar a/w. A.L. Bhise, Advocate for the
respondent/Directorate of Enforcement and for the petitioner in
WP/5434/2018.
Ms. Rebecca Gonsalves, Advocate for respondent no. 3..
Mr. Vinod Chate, APP for the respondent/State.
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: 18th March, 2019 P.C. :
Upon urgent mentioning, taken on production board.
2. In these matters, by the order dated 17 th July, 2018, the 1 of 3 ::: Uploaded on - 20/03/2019 ::: Downloaded on - 20/03/2019 22:36:02 :::
507.APL127_2019.doc learned Special Judge for CBI, City Civil & Sessions Court, Greater Bombay has rejected the Application moved by the Directorate of Enforcement for committing the chargesheet to Court room no. 16, who is designated Principal Judge under Prevention of Money Laundering Act, 2002. The learned Principal Judge has by her order dated 26 th December, 2018 has rejected the Application made by the accused in P.M.L.A. Case nos. 4 of 2018 and 9 of 2018 that the case is to be transferred to Court room no. 16 or 51. However, the learned Principal Judge rejected the said Application mainly on the ground that the Special Judge of Court no. 51 has passed the judicial order and therefore, she having the judicial jurisdiction at par did not pass any order.
3. After hearing all the learned counsel, it is found that the issue before this Court is -
(i) Whether the Sessions Judge who is assigned the matter under P.M.L.Act has power to try and decide the cases under Prevention of Corruption Act though the Special Judge is not notified as Special Judge under section 4 of P.C. Act?
(ii) whether by virtue of section 71 of P.M.L. Act r/w.
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507.APL127_2019.doc Section 44(1)(c) r/w. paragraph 8 of the Schedule has overriding effect over the P.C. Act or not?
4. Stand over to 9th April, 2019.
(MRIDULA BHATKAR, J.) 3 of 3 ::: Uploaded on - 20/03/2019 ::: Downloaded on - 20/03/2019 22:36:02 :::