Section
4 of the PMLA. Sub-Section (2) of Section 43 of the PMLA also
expressly provides that while trying an offence under the PMLA ... PMLA sets out the offences triable by Special
Courts constituted under Section 43 of the PMLA. Sub-Section (1) of
Section 44 of the PMLA
Section 44(2) becomes manifest. Section 44 does not contain any restriction on the powers of any Court regarding grant of bail, yet Section 44 ... Courts under Section 439 Cr.P.C. readiing Section 44(2) with Section 44(1) only would render Section 44(2) of PMLA redundant
PMLA, Special
Courts have been constituted under Section 43 of the Act. How the
offences would be tried has been delineated in Section 44 ... Special Court" designated under section 43 ."
37. From a perusal of Section 44 of the PMLA, the following
procedure emerges:- (i) all offences
under Section 43(1) of PMLA,
2002 for the purpose of trying an offence punishable under Section 4 , but
Section 43(2) of PMLA ... conjoint reading of Sections 44(1)(a) and 44(1)(c) along with
explanations (i) to the Section 44(1) makes it abundantly clear that
submitted that in contemplation of Section 173 of the CrPC and
Section 44(1)(b) of the PMLA, the complaint filed ... further supported from the Explanation - II to
sub section (1) of Section 44 of the PMLA, which provides that the
complaint would include any subsequent
that section includes also a
reference to a Special Court designated under
section 43 .
15. Section 44(1)(c) of the PMLA states that ... section (1) of Section 44 shows that they confer
primacy upon the Special Court constituted under Section
44 43(1) of the PMLA. These
commission of an offence under Section 3
PMLA is made out in a complaint under
Section 44(1)(b) PMLA. If the Special Court ... 44(1)(b) of
the PMLA. Sub-section (3) of Section 204 of the CrPC (sub-section
(3) of Section 227 of the BNSS) reads
PMLA
of an offence punishable under Section 4 of the PMLA. The
cognizance was taken on the complaints filed under Section
44 (1)(b) . These ... Section 45 (1)
must always be ensured;
(g) In view of Section 65 , read with Section 71 of the PMLA,
the provisions of the PMLA
statute. In this connection, he referred to Section 43 and Section
44 of the PMLA. He submits that section 44 of the PMLA clearly lays ... commission of an offence
under Section 3 of the PMLA is made out in a complaint under Section
44(1)(b) of the PMLA
statute. In this connection, he referred to Section 43 and Section
44 of the PMLA. He submits that section 44 of the PMLA clearly lays ... commission of an offence
under Section 3 of the PMLA is made out in a complaint under Section
44(1)(b) of the PMLA
