HC: Court can't take cognisance of PMLA case without hearing accused
KOLKATA: A court cannot take cognisance of a case under Prevention of Money Laundering Act without hearing the accused, as required under the BNSS, Calcutta HC on Friday held, quashing proceedings under PMLA against three accused.
Tutu Ghosh, Bipin Kumar Kedia, and Anil Kumar Jain were accused of offences under sections 3 and 4 (money laundering), read with section 70 of PMLA (offences by companies and their officials).
They approached the HC, contending the PMLA judge took cognisance of the offences in violation of the first proviso to BNSS section 223, as no opportunity of hearing was given to any of them before such cognisance was taken.
Senior counsel appearing for the accused argued that BNSS has introduced a provision requiring an opportunity of hearing for the accused prior to the taking of cognisance, and that denial of such an opportunity amounts to a violation of fundamental rights.
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