LAKSHSAY VIJ Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The present Petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") assails the impugned order dtd. 4/1/2025 passed by the Ld. ASJ, Central, Rouse Avenue Courts, Delhi in Ct. Case No. 25/2024 titled "Directorate of Enforcement vs. Lakshay Vij & Ors." arising out of ECIR No. DLZO-I/50/2023 under Ss. 3 and 4 of the Prevention of Money Laundering Act, 2002 ("PMLA").

(2.) Pursuant to the filing of the Prosecution Complaint dtd. 19/9/2024, the Petitioner had moved an Application seeking a pre-cognizance hearing in terms of the proviso to Sec. 223 BNSS, which was rejected by the Ld. Trial Court. It is submitted that the said order fails to appreciate the applicability of Sec. 223 BNSS to prosecution complaints under the PMLA, thereby constraining the Petitioner to seek quashing of the same before this Court.

(3.) Mr. Vikas Pahwa, learned senior counsel for the petitioner submitted that, in terms of the Ministry of Home Affairs notification dtd. 23/2/2024, the BNSS came into force on 1/7/2024, and since the Prosecution Complaint in the present case was filed on 19/9/2024, cognizance thereof must be governed by BNSS provisions rather than the CrPC, 1973. The Enforcement Directorate's Prosecution Complaint is not a final report under Sec. 193(3) BNSS but squarely falls within the ambit of Sec. 223 BNSS.