31.08.2026 Sl. No.14&15 Ct. No.237 S.A. CRR 1175 of 2026 Narayan Chandra Saha - vs- The State of West Bengal & Ors. with CRR 1176 of 2026 Swapan Kumar Saha - vs- The State of West Bengal & Ors. Mr. Ayan Bhattacherjee, ld. Sr. Adv. …for the petitioners Mr. Adil Rashid …for E.D. In view of the common challenge involved in the aforesaid two revisional applications against the order dated February 10, 2026, passed by the learned Chief Judge, City Sessions Court, Calcutta, both the applications are taken up for hearing together and are disposed of by this common order. It appears that the present complaint case, being M.L. Case No. 02 of 2026, under Sections 3/4 of the Prevention of Money Laundering Act, 2002, has been instituted by the Enforcement Directorate against the petitioners before the learned Chief Judge, City Sessions Court, Calcutta. By the order dated February 10, 2026, the learned Judge arrived at a prima facie finding with regard to the alleged commission of the offence by the petitioners and issued pre- cognizance notices against them. Mr. Bhattacharjee, learned Advocate appearing on behalf of the petitioners, rightly submits that, at the stage of issuance of a pre- cognizance notice under Section 223 of the Bharatiya Nagarik 2 Suraksha Sanhita, 2023, the learned Court below was not required to arrive at any prima facie finding with regard to the commission of the alleged offence. Mr. Adil Rashid, learned Advocate appearing on behalf of the Enforcement Directorate (E.D.), has also fairly conceded that such an exercise on the part of the learned Judge was not warranted at the stage of issuance of a pre-cognizance notice. In view of the aforesaid circumstances, the order dated February 10, 2026, is set aside. The learned Judge of the Court below is directed to issue pre-cognizance notices to the petitioners as well as to the Enforcement Directorate and, upon hearing the parties, to pass appropriate orders in accordance with law. Accordingly, CRR 1175 of 2026 along with CRR 1176 of 2026 are disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.)