Thrissur (Kerala) | Kerala police has opposed an ED move to transfer the Kodakara hawala money heist case to a special court under the PMLA, terming it a "misconceived" and "unwarranted attempt" to interfere with the proceedings under the IPC.
Deputy SP V K Raju, the investigating officer in the hawala heist case, objected to the Enforcement Directorate move, claiming that offences in the matter and those alleged by the central agency are "separate and distinct".
Therefore, the invocation of the Prevention of Money Laundering Act (PMLA) provisions by the central agency was "wholly without authority or jurisdiction", the officer has said in his affidavit of objections filed before an Additional Sessions Court at Irinjalakuda here.
The officer has contended that the court which has taken cognisance of the scheduled offence can only transfer it to the special court.
In the present case, cognisance of the scheduled offence was not taken by the Additional Sessions Court, Irinjalakuda, which is hearing the matter, but by the Principal Sessions Court, Thrissur.
So, the Additional Sessions Court does not have the statutory jurisdiction to transfer the case to the special court under the PMLA.
The officer further contended that the ED has not produced before the Additional Sessions Court any charge sheet, final report or complaint under the PMLA to show that the special court has taken cognisance.
"Unless this foundational requirement is fulfilled, the ED cannot, by mere assertions, seek to draw this case into the ambit of the PMLA.
"The failure to produce even a basic complaint or cognisance order in the connected case renders the present petition wholly speculative, unsupported by legal materials and incapable of persuading this court to exercise the committal power under the statute," the officer said in his affidavit.
He further asserted that the trial of the case in the sessions court was at an advanced stage and any attempt to transfer the case at the instance of a third agency, which has no investigative role in the matter, "would cause serious prejudice to the prosecution".
"In view of the foregoing submissions, it is most humbly and respectfully contended that the present petition by the ED is wholly devoid of legal foundation and is liable to be rejected at the threshold," the officer said.
The ED, in its petition, has contended that the trial of the scheduled offence case and the PMLA case have to be conducted simultaneously.
It has sought transfer of the hawala money heist case to the special court in Ernakulam.
The police have said that 23 people were arrested in connection with the highway heist case and Rs 1,58,48,801 was recovered as part of it.
The Kodakara black money case revolves around an April 3, 2021, highway robbery in Kodakara, Thrissur, just three days before the Kerala Assembly elections.
Police investigations revealed that Rs 3.5 crore, allegedly being transported to Ernakulam to fund the poll campaign, was looted when a gang staged a fake accident near Kodakara to intercept the vehicle carrying the money.
However, according to a complaint lodged by Shamjeer Samsudheen, from whose car the money was looted, Rs 25 lakh was robbed by the gang from his vehicle when he was on his way to Kochi from Kozhikode.
