CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering
A Sessions Court has taken cognizance of a scheduled offence against Meena, while a different Special Court has taken cognizance of the PMLA complaint against her. What does section 44 provide?
On an application by the authority authorised to file the complaint, the court that took cognizance of the scheduled offence commits that case to the Special Court. The Special Court then proceeds from the stage at which the case is committed, rather than starting afresh.
- AThe scheduled offence case continues separately and the Special Court must wait for its verdict
- BOn application by the authority authorised to file the complaint, the scheduled offence case is committed to the Special Court, which proceeds from the stage at which it is committedCorrect
- CThe accused may choose either court to hear both cases afresh
- DThe money-laundering complaint must be transferred to the Sessions Court that took cognizance of the scheduled offence
Explanation
Section 44(1)(c) says that on an application by the authorised authority, the case relating to the scheduled offence is committed to the Special Court, which proceeds from the stage of commitment, not afresh. The Explanation also says the trial of both sets of offences by the same court is not a joint trial, and its jurisdiction does not depend on orders in the scheduled offence.
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