Page No.# 1/4 GAHC030003772026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./12/2026 Mr. Ravi Gulgulia and Anr. S/o Late Sh Ramlal Gulgulia R/o Z-03, Z-04 Zeranium Block 7th Floor, Sun Syndicate Orchid Hengrabari, Dist. Kamrup Metro Assam - 781036 2: M/s Global Entrad VERSUS Directorate of Enforcement and Anr. Prevention of Money Laundering Act 2002 Government of India R/b Assistant Director Enforcement Directorate Aizawl Sub-Zonal Office Room No. 501 5th Floor Mainak Tower, GS Road Guwahati, Assam 2:The State of Mizora Advocate for the Petitioner : Mr. Jatin Sehgal Advocate for the Respondent : P.P./Addl.PP, Mizoram for R2 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 24-09-2026 Page No.# 2/4 Heard Mr. Jatin Sehgal, learned counsel appearing for the petitioners. Also heard Ms. Mary L. Khiangte, learned Addl. Public Prosecutor for the State. 2. The A/D cards, after service of notice on the respondent No. 1, had been received back showing the date of delivery to be 12.06.2026. This Court, by the earlier Order dated 01.06.2026, has recorded as follows:- “Learned counsel for the petitioner submits that the learned Court has taken cognizance of the offence of money laundering as defined under Section 3 of the PMLA, punishable under Section 4 thereof, read with Section 70 of the said Act, against the petitioners and other co- accused persons, without first issuing any pre-cognizance notice to the petitioners or affording them any opportunity of being heard as mandatorily required under the first proviso to Section 223(1) of the BNSS, 2023. Learned counsel has placed reliance on a judgment of the Hon'ble Supreme Court in Kushal Kumar Agarwal vs. Directorate of Enforcement: 2025 SCC OnLine 1221. The complaint in connection with F. No. ECIR/GWZO-II/08/2021 was filed by the Directorate of Enforcement, before the learned Addl. District & Sessions Judge-1, Aizawl on 28.04.2026. Upon hearing the learned special P.P for the Enforcement Directorate, the learned Court took cognizance of the complaint in respect of the petitioner and others. It is evident from the order impugned that the provisions laid down under Section 223 of the BNSS and the mandate laid down by the Hon'ble Supreme Court have not been adhered to by the learned Judge in taking cognizance of the complaint.” 3. The order taking cognizance of the complaint had been stayed till the next Page No.# 3/4 date of hearing. By subsequent orders, the matter has been listed today. 4. Ms. Mary L. Khiangte, learned Addl. Public Prosecutor has fairly submitted that since the provisions of the BNSS, 2023 would be applicable to the complaint in connection with F. No. ECIR/GWZO-II/08/2021, which gave rise to the Sessions Case No. 48/2026, since it had been instituted after coming into force of the BNSS, 2023, the grievance of the petitioner regarding the absence of an opportunity of being heard before cognizance was taken by the Order dated 28.04.2026 appears to be sustainable. 5. I have also gone through the provisions of Section 223 of the BNSS, 2023 and the authorities relied upon by the learned counsel for the petitioner, and I find that since there is nothing on record to show that the petitioners had been afforded an opportunity of hearing before the cognizance was taken, the Order dated 28.04.2026 is not in consonance with the relevant provisions of law. The respondent No. 1, having been served, has not put in appearance today; the service of notice was in the month of June, 2026. 6. In view of the facts and circumstances and also keeping in view the fact that the pendency of the present petition before this Court, where an interim order had been passed keeping the entire proceedings of the complaint in abeyance, I deem it fit to interfere with the Order dated 28.04.2026 to the extent that cognizance of the offences had been taken without giving the opportunity of hearing to the accused. Accordingly, the said order is set aside. The matter is remanded back to the Court of the learned Addl. District & Sessions Judge-I, Aizawl to afford an opportunity of hearing to the petitioner herein as well as the other accused before considering as to whether cognizance of the offences alleged is required to be taken. Since the accused No. 1 in the Page No.# 4/4 complaint is a petitioner in this criminal petition and is represented also, it is deemed that he has notice of the disposal of this case and the next date of listing before the learned Trial Court, which is fixed by this Court at 16.11.2026, on which date the petitioner No. 1 shall appear/be represented before the Court of the Addl. District & Sessions Judge-I, Aizawl. The Court of the Addl. District & Sessions Judge-I, Aizawl shall thereafter issue notice to the accused No. 2. The accused No. 3 appears to be represented by the accused No. 1, who is the petitioner herein. Further process in the complaint petition shall be undertaken by the learned Trial Court in accordance with law by complying with the provisions of Section 223 of the BNSS, 2023. 7. Criminal Petition is accordingly disposed of. 8. Interim order granted earlier stands merged with this order. 9. The learned counsel for the petitioner has submitted that the next date fixed as shown in the CIS system before the Court of the learned Addl. District & Sessions Judge-I, Aizawl is shown as 18.10.2026, which this Court notices is a Sunday and therefore fixes the matter to come up before the learned Addl. District & Sessions Judge-I, Aizawl on 16.11.2026. JUDGE Comparing Assistant