PARVINDER SINGH Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been preferred against the judgment dtd. 19/5/2025 passed by the High Court of Uttarakhand wherein, an issue with respect to the scope and applicability of the first proviso to Sec. 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the "BNSS ") had arisen, while dealing with a case where the prosecution complaint under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the "PMLA ") had been filed prior to the date of commencement of the BNSS.

(3.) An ECIR was registered by the respondent against the appellant being ECIR/DNSZO/04/2023 on 24/7/2023, pursuant to which he was arrested on 27/4/2024. Within two months from the date of the arrest, a prosecution complaint was duly filed by the respondent on 24/6/2024, invoking Ss. 44 and 45 of the PMLA for the offences under Sec. 3 read with Sec. 4 of the PMLA before the designated Special Court. On the very same day, the Special Court issued a direction to register the complaint so filed as a miscellaneous case and, thus, fixed it for hearing on cognizance on 28/6/2024.