VidhiSangh

Supreme Court of India · 09/05/2025

KUSHAL KUMAR AGARWAL versus DIRECTORATE OF ENFORCEMENT

[2025] 5 S.C.R. 730 · 2025 INSC 760

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Summary

A complaint by the Enforcement Directorate under Section 44(1)(b) of the PMLA filed after 1 July 2024 is governed by Section 223 of the BNSS, whose first proviso bars a Magistrate from taking cognizance without first giving the accused an opportunity of being heard. As the Special Judge admittedly took cognizance without hearing the appellant, the order taking cognizance was set aside on that ground alone and the appellant was directed to appear before the Special Court for that hearing.

Issues

  1. Whether a complaint filed by the Enforcement Directorate under Section 44(1)(b) of the PMLA after 1 July 2024 is governed by Section 223 of the BNSS rather than Section 200 of the CrPC.
  2. Whether cognizance taken on such a complaint without giving the accused an opportunity of being heard, as required by the first proviso to Section 223(1) of the BNSS, can be sustained.

Provisions considered

Held

Result

Appeal partly allowed. The Special Judge's order taking cognizance was set aside solely for non-compliance with the first proviso to Section 223(1) of the BNSS. The appellant was directed to appear before the Special Court on 14 July 2025 to be heard under the proviso, with no further notice to be issued; the merits and the respondent's contentions were kept open.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 730.