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Judgment
S.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
The appellant, the Enforcement Directorate, though the Assistant Director of Enforcement, Bhubaneswar has challenged the impugned order dated 26.07.2017 passed by learned Addl. Sessions Judge (Special Court), O.P.I.D., Balasore, which is Designated Court constituted under section 8(1) of the O.P.I.D. Act, 2011 in C.T. Case No.4(C) of 2015 in which prayer was made by the appellant by filing an application under section 44(1)(c) of Prevention of Money Laundering Act, 2002 (in short, “P.M.L. Act”) for passing an order to commit the case record to the Special Court under the P.M.L. Act -cum- Special Court, Bhubaneswar, Khurda for trial, has been rejected.
Mr. J. P. Patra, learned Special Counsel appearing for the State of Odisha in O.P.I.D. matters submitted that he had taken instruction in the year back that forty witnesses have already been examined but he is unable to say how many further witnesses have been examined in the meantime and he has no instruction as to what are the total number of witnesses as per the charge sheet.
In view of such state of affairs, let a report be called for from the learned Addl. Sessions Judge (Special Court), O.P.I.D., Balasore in C.T. Case No.4(C) of 2015 regarding the status of the case record.
For such purpose, the file be placed before the learned Registrar (Judicial) of this Court, who shall send a copy of this order to the Court concerned immediately through e-mail and the status report shall be furnished through e-mail so as to reach this Court on or before 18th July 2023. Learned trial Court while sending such report, shall specifically indicate what are the total number of charge sheeted witnesses, as to how many further witnesses, the prosecution intends to examine, how many witnesses have already been examined and within what period, the learned Court is expecting to conclude the trial since it is a case of the year 2015.
Put up this matter in the week coming from 24th July 2023.
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