Cognizance Against Public Servant Without Mandatory Superior Officer’s Report Under Section 223(2) BNSS Is Void Ab Initio; Prosecution Sanction Cannot Cure Defect: Punjab & Haryana High Court

Case Name: Harjeet Singh Puri v. Directorate of Enforcement

Date of Judgment: 27.10.2026

Citation: CRM-M-41189-2026

Bench: Hon’ble Mr. Justice Sumeet Goel

Held: The Punjab and Haryana High Court held that the safeguards prescribed under Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), are mandatory and applicable to prosecution complaints filed under Section 44(1)(b) of the Prevention of Money Laundering Act, 2002 (PMLA). Where prosecution concerns alleged acts of a public servant in the discharge of official duties, the Court must afford the public servant an opportunity of explanation and obtain a factual report from the superior officer before taking cognizance. Non-compliance renders the cognizance and summoning order void ab initio. The Court further clarified that sanction for prosecution under Section 218 BNSS cannot substitute the independent requirement of obtaining the superior officer’s report under Section 223(2)(b) BNSS.

Summary: The petitioner, a former Chief General Manager (Finance) of NHPC, challenged the order dated 23.04.2026 passed by the Special Judge (PMLA), Gurugram, taking cognizance of a money-laundering complaint involving allegations of disproportionate assets amounting to approximately ₹1.04 crore.

The petitioner contended that the Special Court had taken cognizance without obtaining the mandatory report from his superior officer under Section 223(2)(b) BNSS. The Enforcement Directorate opposed the petition, arguing that prosecution sanction had already been granted by the competent authority after examining the allegations and that the petitioner had been afforded opportunities of hearing.

Rejecting the ED’s contentions, the High Court held that prosecution sanction and the superior officer’s factual report serve distinct statutory purposes. The Court observed that although the petitioner had been afforded an opportunity of hearing, the Special Court had failed to obtain the requisite report, thereby vitiating the cognizance order.

Significantly, the Court directed that superior officers must furnish reports under Section 223(2)(b) BNSS within 30 days, extendable by a maximum of 15 days upon sufficient and compelling cause. Failure to comply may invite appropriate penal or coercive action in accordance with law.

Decision: The High Court quashed the cognizance and summoning order dated 23.04.2026 and directed the Special Judge (PMLA), Gurugram, to pass a fresh order after complying with Section 223(2)(b) BNSS.