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Land grab case: High Court sets aside ED court’s cognisance order for violating BNSS safeguards

Digital Goa, Feb 3 – High Court has set aside an order of the Special PMLA Court at Merces that had taken cognisance of offences against New Delhi resident Neeraj Sharma in a money-laundering case, holding that the mandatory procedure under BNSS was not followed. HC quashed the Special Court’s December 4, 2025 order after noting that Sharma was not given an opportunity of being heard before cognisance was taken, as required under the proviso to Section 223(1) of the BNSS. ED also conceded that no such opportunity had been granted. Setting aside the impugned order solely on procedural grounds, the High Court directed Sharma to appear before the Special PMLA Court on February 4, 2026, to be heard before fresh consideration of cognisance. The court clarified that it has expressed no opinion on the merits of the ED’s complaint.