1 Neutral Citation No. - 2025:AHC-LKO:46910 Court No. - 11 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 69 of 2025 Applicant :- Ajay Kumar And 2 Others Opposite Party :- Directorate Of Enforcement Govt. Of India, Represented By Its Assistant Director Counsel for Applicant :- Mohd. Ghayasuddin Khan Counsel for Opposite Party :- Rohit Tripathi Hon'ble Saurabh Lavania,J. 1. Heard Shri Mohd. Ghayasuddin Khan, learned counsel for the applicants, Shri Rohit Tripathi, learned counsel for the Directorate of Enforcement, Government of India and perused the record. 2. The present transfer application (Criminal) under Section 447 of BNSS 2023 has been filed for the following main relief:- "A. Transfer of Complaint Case No.1266 of 2020 arising out of ECIR No.06/LKZO/2019 titled "Directorate Of Enforcement Vs. Ajay Kumar & Ors." pending before the Ld. Special Court of PMLA Cases, under PMLA, 2002 at Lucknow to the Ld. Special Court, Anti-Corruption, CBI, Ghaziabad in terms of the Government Notification No. S.O. 4603 (E) dated 03.11.2021 & Notification No. S.O. 4827(E) dated 07.10.2022 by Ministry Of Finance (Department Of Revenue) regarding designation of special court in different districts under The Prevention Of Money Laundering Act 2002." 3. By means of this application the accused-applicants namely Ajay Kumar, Anil Kumar Sharma and Shiv Priya have prayed for transfer of the case i.e. Complaint Case No.1266 of 2020, arising out of ECIR No.06/LKZO/2019, (Directorate Of Enforcement Vs. Ajay Kumar & Ors.) pending before the Special Court of PMLA Cases, i.e. the Prevention of Money Laundering Act, 2002 (in short "PMLA, 2002") at Lucknow to the Special Court, Anti-Corruption, CBI, Ghaziabad. 4. The prayer has been sought on the basis of Government Notification No. S.O. 4827(E) dated 07.10.2022 issued by the Ministry of Finance (Department of Revenue). This notification has been issued in exercise of power under sub Section(1) of Section 43 of the Prevention of Money-Laundering Act, 2002 (15 of 2003) and in consultation with the 2 Chief Justice of High Court of Allahabad. The notification is extracted herein under :- "MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 7th October, 2022 S.O. 4827(E).-In exercise of the powers conferred by sub- section (1) of section 43 of the Prevention of Money- laundering Act, 2002 (15 of 2003) and in consultation with the Chief Justice of High Court of Allahabad, the Central Government hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 4603(E), dated the 3rd November, 2021, namely:- In the said notification for the Table, the following Table shall be substituted, namely:- Sl. No. Court of Sessions designated as Special Court under the Prevention of Money- laundering Act, 2002. Area specified for trial of offence punishable under section 4 of the Prevention of Money-laundering Act, 2002. (1) (2) (3) 1. Special Court, Anti-Corruption, CBI (West), Lucknow Lucknow, Shravasti, Pilibhit, Ambedkar Nagar and Maharajganj. 2. Special Court, Anti-Corruption, CBI (Central), Lucknow Kanpur Urban, Kanpur Rural, Kushinagar. Kaushambi and Kanshiramnagar. 3. Special Court, Anti-Corruption, CBI Court No. 1, Lucknow Allahabad, Kannauj, Fatehpur, Chitrakoot, Hamirpur and Chhatrapati Shahuji Maharajnagar. 4. Special Court, Anti-Corruption, CBI Court No. 2, Lucknow Azamgarh, Etawah, Basti, Mau, Bhadohi, Balrampur and Bahraich. 5. Special Court, Anti-Corruption, CBI Court No. 3, Lucknow Varanasi, Badaun, Raebareli, Faizabad, Jalaun at Orai, Siddharth Nagar and Pratapgarh. 6. Special Court, Anti-Corruption, CBI Court No. 4, Lucknow Gorakhpur, Farrukhabad, Mirzapur, Unnao, Sonbhadra, Sitapur, Ghazipur, Deoria and Barabanki. 7. Special Court, Anti-Corruption, CBI Court No. 5, Lucknow Jhansi, Auraiya, Chandauli, Lakhimpur Kheri, Bareilly, Hardoi and Mahoba. 8. Special Court, Anti-Corruption, CBI Court No. 6, Lucknow Jaunpur, Sant Kabir Nagar, Shahjahanpur, Gonda, Lalitpur, Ballia, Sultanpur and Banda. 9. Special Court, Anti-Corruption, CBI (West), Ghaziabad Gautambuddha Nagar, Aligarh, Rampur and Mainpuri. 10. Special Court, Anti-Corruption, CBI Court No. 1, Ghaziabad Ghaziabad, Moradabad, Bijnor Hathras, Hapur and Sambhal. 3 11. Special Court, Anti-Corruption, CBI Court No. 2, Ghaziabad Saharanpur, Amroha (Jyotiba Phule Nagar), Etah, Bulandshahr, Mathura and Kasganj. 12. Special Court, Anti-Corruption, CBI Court No. 3, Ghaziabad Agra, Muzaffarnagar, Baghpat, Meerut, Firozabad and Shamli". [F.No.K-11022/65/2021-Ad.ED] Vivek Mishra, Under Secy. Note :- The principal notification was published in the Gazette of India, Extraordinary, Part II, Section-3, Sub-section (ii), vide, notification number S.O. 4603 (E), dated the 3rd November, 2021. " 5. According to the notification, referred above, a case related to District Gautambuddha Nagar would be tried in designated court at Ghaziabad, which is the case of the present applicants. 6. On the other hand Shri Rohit Tripathi, learned counsel for the Enforcement Directorate has opposed the prayer for transfer of the case and has placed reliance upon the judgment of Hon'ble Apex Court in the case of Rana Ayyub Vs. Directorate of Enforcement, (2023) 4 SCC 357. 7. Upon perusal of aforesaid, this Court is of the view that the submissions of learned counsel for the Enforcement Directorate are not in consonance to the notification referred above. Accordingly, the same are hereby rejected. 8. Upon due consideration of the aforesaid, the present application is allowed. 9. The Complaint Case No.1266 of 2020, arising out of ECIR No.06/LKZO/2019, (Directorate Of Enforcement Vs. Ajay Kumar & Ors.) pending in the Special Court of PMLA Cases, under PMLA, 2002 at Lucknow is transferred to the designated court at Ghaziabad as per Government Notification No. S.O. 4827(E) dated 07.10.2022. 10. Let the case file be placed before the concerned court, as per procedure prescribed, as early as possible. Order Date :- 11.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench