KUSHAL KUMAR AGARWAL v. DIRECTORATE OF ENFORCEMENT
Discusses principles of natural justice, opportunity of being heard, and statutory interpretation of procedural laws.
Court: Supreme Court of India
Citation: 2025 INSC 760
Decision Date: 09-05-2025
List of Laws
The Prevention of Money Laundering Act, 2002 (PMLA); Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS); Code of Criminal Procedure, 1973 (Cr.P.C.)
- The Prevention of Money Laundering Act, 2002 (PMLA): The judgment mentions Section 44(1)(b) of the PMLA, stating that a complaint was filed under this section. The court notes that a complaint filed by the Enforcement Directorate under Section 44(1)(b) of the PMLA will be governed by Sections 200 to 204 of the Code of Criminal Procedure (CrPC). The judgment also states that the provisions of Chapter XVI, containing Sections 223 to 226, will also apply to a complaint under Section 44 of the PMLA.
- Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS): The judgment discusses Section 223 of the BNSS, which deals with the examination of a complainant. The court notes that Section 223 of the BNSS came into force on July 1, 2024, and applies to the present complaint. The proviso to sub-section (1) of Section 223 puts an embargo on the power of the Court to take cognizance without giving the accused an opportunity of being heard. The court sets aside the impugned order due to non-compliance with this proviso. The court directs the appellant to appear before the Special Court to be given an opportunity of being heard in terms of the proviso to sub-section (1) of Section 223 of the BNSS. The learned Additional Solicitor General's submissions regarding the scope of the hearing under the proviso to sub-section (1) of Section 223 of the BNSS are kept open to be raised before the Special Court.
- Code of Criminal Procedure, 1973 (Cr.P.C.): The judgment mentions that Section 223 of the BNSS corresponds to Section 200 of the CrPC. However, a proviso similar to the proviso to sub-section (1) of Section 223 of the BNSS does not find place in Section 200 of the CrPC. The court states that a complaint filed by the Enforcement Directorate under Section 44 (1)(b) of the PMLA will be governed by Sections 200 to 204 of the CrPC. The judgment also refers to Section 212 CrPC, mentioning the process of a Magistrate making over a case for inquiry or trial to another Magistrate under that section.
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