Assistant Director, Enforcement Directorate v. Additional Superintendent of Police
The transfer provision avoids parallel trials and inconsistent findings; it does not require derailing an advanced predicate case where the related PMLA court has yet to take cognizance.
By CA Nikhil Gupta · Reviewed against the retained judgment 2026-09-26
The transfer provision avoids parallel trials and inconsistent findings; it does not require derailing an advanced predicate case where the related PMLA court has yet to take cognizance. ED petition dismissed and stay vacated; the Thoothukudi court directed to proceed expeditiously.
What happened
ED sought transfer of an advanced disproportionate-assets prosecution in Thoothukudi to the PMLA Special Court in Madurai. The money-laundering court had not taken cognizance of a connected ED complaint because prosecution sanction was still unavailable.
Questions before the court
- Should the near-complete predicate trial be transferred to an uncommenced PMLA trial under section 44(1)(c)?
Why the court ruled this way
The transfer provision avoids parallel trials and inconsistent findings; it does not require derailing an advanced predicate case where the related PMLA court has yet to take cognizance.
Controlling point
The transfer provision avoids parallel trials and inconsistent findings; it does not require derailing an advanced predicate case where the related PMLA court has yet to take cognizance.
Order and next steps
ED petition dismissed and stay vacated; the Thoothukudi court directed to proceed expeditiously.
Practical implications
The operative result is case-specific: ED petition dismissed and stay vacated; the Thoothukudi court directed to proceed expeditiously. Apply it within the court’s stated limit: Both courts retain the merits of their respective prosecutions; no guilt or PMLA liability was decided.
Limits of this ruling
- Both courts retain the merits of their respective prosecutions; no guilt or PMLA liability was decided.
Law and judgment source
- PMLA, 2002, section 44(1)(c)
- Prevention of Corruption Act prosecution
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Source checked: 2026-09-26 · Judgment paragraphs: final operative paragraphs · Later case history: not verified. Verify appeals, stays and subsequent orders before reliance.
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