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Supreme Court of India 2023-04-10 dismissed

KA RAUF SHERIF vs DIRECTORATE OF ENFORCEMENT & ORS

Bench: 2 — V. Ramasubramanian, Pankaj Mithal

In Brief

KA Rauf Sherif sought transfer of a money-laundering case from the Special Court at Lucknow to Ernakulam, Kerala, arguing that the court lacked territorial jurisdiction since the alleged predicate offences occurred in Kerala. He also contended that most accused and witnesses were from Kerala. The Supreme Court dismissed the petition, holding that a Special Court's jurisdiction under the Prevention of Money-laundering Act depends on where money-laundering activities (such as receipt of proceeds in bank accounts) occurred, not where the predicate offence was committed. Since such activities occurred in Uttar Pradesh, Lucknow's court had proper jurisdiction. The Court also held that lack of jurisdiction, if it existed, could not be cured through transfer at an accused's instance.

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Money Laundering Criminal Procedure Territorial Jurisdiction Transfer of Cases PMLA

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