KOLKATA: A court cannot take cognizance of a case under the Prevention of Money Laundering Act (PMLA) without first hearing the accused, the Calcutta High Court ruled on Friday, quashing proceedings against three individuals accused under the Act.
The three accused—Tutu Ghosh, Bipin Kumar Kedia, and Anil Kumar Jain—were charged with offences under Sections 3 and 4 (money laundering) of the PMLA, read with Section 70 (offences by companies and their officials). They approached the High Court, arguing that the PMLA judge had taken cognizance of the charges in violation of Section 223 of the BNSS, which mandates that the accused must be given an opportunity to be heard before such cognizance is taken.
The defence, represented by senior counsel, contended that the BNSS introduced a requirement for hearing the accused before cognizance is taken, and that denying this opportunity violated their fundamental rights.
