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2025 DAILYLAW 162451 (ALL)

M/S SURGICOIN MEDIQUIP PVT. LTD. THRU. AUTHORIZED SIGNATORY MR. ABID KHAN AND ANOTHER v. DIRECTORATE OF ENFORCEMENT GOVT. OF INDIA THRU. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT LKO

/4685/2024 · 2025-01-08

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Neutral Citation No. - 2025:AHC-LKO:1277 Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 4685 of 2024 Petitioner :- M/S Surgicoin Mediquip Pvt. Ltd. Thru. Authorized Signatory Mr. Abid Khan And Another Respondent :- Directorate Of Enforcement Govt. Of India Thru. Assistant Director, Directorate Of Enforcement Lko Counsel for Petitioner :- Ratnesh Chandra,Praful Vashistha,Shivani Counsel for Respondent :- Kuldeep Srivastava Hon'ble Mohd. Faiz Alam Khan,J. 1. Heard Shri Ratnesh Chandra, learned counsel for the petitioner as well as Shri Kuldeep Srivastava, learned counsel for the Enforcement Directorate and perused the record. 2. By means of this petition, the petitioner has prayed following relief: "i. to issue appropriate direction to Special Judge (PMLA)/ Sessions Judge, Lucknow to transfer the pending PMLA Case No. 115/2018 Enforcement Directorate Vs. M/s. Surgicoin Mediquip Pvt Ltd and others to the Court of Special Judge, CBI (Anti-Corruption), Ghaziabad/ Special Judge PMLA, Ghaziabad so that the E.D. case as well as the predicate cases pending before the said Court at Ghaziabad may be tried together." 3. Shri Ratnesh Chandra has submitted that all the cases relating to the N.R.H.M. are being tried before the Special Court, C.B.I. at Ghaziabad. In the present case the Enforcement Directorate has filed complaint before the Special Court/Special Judge, P.M.L.A. Court, Lucknow though other cases relating to the N.R.H.M. are pending consideration before the Special Court, C.B.I., Ghaziabad, therefore, Shri Ratnesh Chandra has requested that the case pending at Lucknow may be transferred to the Special Court, C.B.I., Ghaziabad. 4. Attention has been drawn towards the Annexure No.21, which is an order dated 06.08.2024 passed by the Apex Court in Petition(s) for Special Leave to Appeal (Crl.) No(s). 9502 of 2019 (Saurabh Jain vs. Enforcement Directorate & Ors.), wherein on the submission of Additional Solicitor General of India to the effect that there would be no problem if the proceedings under the Prevention of Corruption Act and Prevention of Money Laundering Act are tried by the same Court, the Apex Court transferred the matter to the Court of Special Judge, Anti Corruption, C.B.I., Ghaziabad. Further, attention has been drawn towards Annexure No.25, which is an order dated 30.8.2024 passed by this Court in Matter under Article 227 No.3859 of 2024 (Rajesh Kumar Singh vs. Directorate of Enforcement, Govt. of India thru. Asstt. Director, Directorate of Enforcement, Lko.) directed to transfer the proceedings from Lucknow to Ghaziabad. In the aforesaid order the statement of Shri Kuldeep Srivastava was considered, wherein he submitted that the Directorate has no objection regarding transfer of the session case from Lucknow to Ghaziabad. Further, he has submitted that the Court may be the same but the trial proceedings would be separate. 5. Shri Kuldeep Srivastava has not made any objection with regard to the prayer of the petitioner to transfer the case to Special Judge, Ghaziabad, but has also stated that the aforesaid consent is only in respect of matters relating to N.R.H.M. as any other matters if similar circumstance exists the proceedings may not be transferred as the statutory provision is different. 6. Having heard learned counsel for the parties and having perused the material available on record, in view of the peculiar facts and circumstances of the issue in question, as considered above, it is directed that the proceedings of PMLA Case No.115/2018; Enforcement Directorate Vs. M/s. Surgicoin Mediquip Pvt Ltd and others be transferred to the learned Special Court/Anti Corruption/C.B.I. (West), Ghaziabad. 7. Relevant paper-book etc. of the case in question be transmitted to the court concerned at Ghaziabad at the earliest so that the proceedings could be proceeded at Ghaziabad strictly in accordance with law. 8. In view of above, the instant petition is disposed of. Order Date :- 8.1.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench