Case Note & Summary
The Supreme Court considered a transfer petition filed by an accused in a Prevention of Money-laundering Act (PMLA) case seeking to transfer the proceedings from the Special PMLA Court in Lucknow to the Special PMLA Court in Ernakulam, Kerala. The petitioner, who was the General Secretary of Campus Front of India (an organization banned under UAPA), was Accused No.1 in a complaint filed by the Enforcement Directorate. The PMLA case (ECIR/02/HIU/2018) arose from a predicate offence involving FIR No.276/2013 registered in Kerala, where 22 persons were prosecuted and convicted for various offences including under IPC, Arms Act, and UAPA. The petitioner was not an accused in that predicate offence case. The Enforcement Directorate registered the ECIR on 02.05.2018 from its Headquarters in Delhi, and the case was assigned to the Special PMLA Court in Lucknow. The petitioner sought transfer primarily on grounds of convenience, as he was facing trial in another case before the Special NIA Court in Ernakulam, and because the predicate offence occurred in Kerala. The Enforcement Directorate opposed the transfer, arguing no exceptional circumstances existed. The court analyzed Section 406 of the Code of Criminal Procedure, 1973, which governs transfer of criminal cases, and Section 65 of the PMLA, 2002. The court emphasized that transfer under Section 406 CrPC requires exceptional circumstances and consideration of convenience of parties, witnesses, and ends of justice. The court found the petitioner's arguments insufficient, noting that the mere fact of facing trial in another court at a different location does not justify transfer, and that the place of occurrence of the predicate offence is not determinative for PMLA trial venue. The court concluded that no grounds existed for transfer, as the petitioner failed to establish exceptional circumstances or that the transfer would serve the ends of justice. Accordingly, the transfer petition was dismissed.
Headnote
A) Criminal Procedure - Transfer of Cases - Section 406 CrPC - Transfer of PMLA Case - Petitioner sought transfer of PMLA case from Lucknow to Ernakulam citing convenience and ongoing trial in Ernakulam - Court found no exceptional circumstances warranting transfer as convenience of accused alone insufficient - Held that transfer not justified as petitioner failed to establish grounds under Section 406 CrPC (Paras 1-10). B) Money Laundering Law - PMLA Jurisdiction - Section 65 PMLA - Place of Trial Determination - Petitioner argued transfer needed as predicate offence occurred in Kerala and he faces trial there - Court noted PMLA case registered by ED Headquarters Delhi and assigned to Lucknow court - Held that place of predicate offence not determinative for PMLA trial venue under Section 65 PMLA (Paras 4-9).
Issue of Consideration
Whether the transfer of Sessions Case No.1004/2021 arising out of ECIR/02/HIU/2018 from the Court of Special Judge, PMLA, Lucknow to the Court of Special Judge, PMLA, Ernakulam, Kerala should be allowed under Section 406 of the Code of Criminal Procedure, 1973 read with Section 65 of the Prevention of Money-laundering Act, 2002.
Final Decision
The Supreme Court dismissed the transfer petition, refusing to transfer Sessions Case No.1004/2021 from Lucknow to Ernakulam.
Law Points
- Transfer of criminal cases under Section 406 CrPC requires exceptional circumstances
- convenience of parties and witnesses
- and ends of justice
- Transfer cannot be sought merely because accused is facing trial in another court at a different place
- Place of occurrence of predicate offence is relevant but not determinative for transfer of PMLA case
- Court must balance convenience of accused with administrative efficiency and expeditious trial
