Tutu Ghosh Vs Enforcement Directorate (Calcutta High Court)
Calcutta High Court held that order taking cognizance of offences under the Prevention of Money Laundering Act, 2002 [PMLA] without pre-cognizance opportunity of hearing to the petitioner is vitiated in law and a nullity in the eye of law.
Facts- The present Criminal Revisions assail an order dated February 15, 2025, whereby the learned Chief Judge, City Sessions Court at Calcutta, acting in the capacity of Special Court under the Prevention of Money-Laundering Act, 2002 taking cognizance of offences under Sections 3 and 4, read with Section 70 of the PMLA against each of the petitioners. The petitioners further seek quashing of the proceedings initiated in connection with the complaint dated March 24, 2023.
Conclusion- It is extremely important to note that the said proviso is couched in a negative, hence, mandatory, language and no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of hearing. Thus, the very fact that an opportunity of hearing at the pre-cognizance stage was not be given to the accused per se vitiates the cognizance, since such cognizance becomes a nullity in the eye of law as it could not be taken in the first place in view of the negative language of the first proviso to Section 223(1), BNSS.
