Daktar @ Doctor @ Jatindra Sahu And vs Joint Director
2022 Latest Caselaw 4689 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLMC No.1984 of 2021

        Daktar @ Doctor @ Jatindra Sahu and ....              Petitioners
        another
                                      Ms. Deepali Mahapatra, Advocate


                                      -Versus-



        Joint Director, Enforcement            ....       Opposite Parties
        Directorate, Government of India,
        Bhubaneswar and another
                                Mr. Bibekananda Bhuyan, Advocate for ED
                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK

                                     ORDER

Order                              13.09.2022
No.
02.     1.      Counter affidavit has already been filed by the ED and a

copy thereof has been served upon the learned counsel for the petitioners. It is submitted by Ms. Mahapatra, learned counsel for the petitioners that in view of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002, the proceeding which is pending before the learned Vigilance Court at Bolangir in respect of the schedule offence being not a Special Court, it shall have to be committed to the PMLA Court at Bhubaneswar for which an application shall have to be moved by the authority which filed the complaint under the said Act and in response to the above, the learned counsel for the ED submits such committal of the case PMLA at Bhubaneswar is not mandatory rather the provision of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002 is enabling in nature.

2. Ms. Mahapatra, learned counsel for the petitioners submits that the proceeding in respect of the schedule offence by the Vigilance Court at Bolangir shall have to be committed to the PMLA report at Bhubaneswar and the Section 44(1)(c) of the Prevention of Money Laundering Act, 2002 is mandatory in nature and in support of such contention, she wishes to cite a judgment and therefore, prays for adjournment which is allowed. The learned counsel for the ED also wishes to file a list of decisions on the next date for consideration of Court and the same is also allowed.

3. List on 22nd September, 2022.

(R.K. Pattanaik) Judge

Tudu