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The Special Court under the Prevention of Money Laundering Act at Indore recently treated the prosecution sanction as deemed granted under Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) after the Madhya Pradesh Government failed to decide the sanction request in a PMLA Case within the prescribed 120-day period.

Special Judge Rajendra Kumar Patidar observed that if the State Government fails to decide a prosecution-sanction request within 120 days of receipt, the sanction may be deemed granted under Section 218(1) BNSS.


The Enforcement Directorate (ED) had sought prosecution sanction against a second-class gazetted government officer and her husband. The allegations included engaging in private medical practice during government service and acquiring properties using income allegedly derived from such practice.

The ED submitted that it sent its request for prosecution sanction to the State Government by speed post on January 30, 2025. A reminder was subsequently sent on November 10, 2025. However, no decision on the request was communicated within the prescribed period.

The counsel for the ED claimed that the accused's private practice does not form part of her official duties. Further, counsel claimed that the sanction ought to be deemed given under Section 218 BNSS, as the request was not disposed of within 120 days. 

The ED cited the Jharkhand High Court case of Hemant Soren v. State [Criminal Revision 982/2026] and the Rajasthan High Court judgment of Vedprakash Yadav v. ED [CR 1927 of 2024]. 

The counsel for the accused argued that the ED could file a complaint against her and her husband only after obtaining sanction from the State Government. 

The court noted that the ED had filed the said request, but it was not disposed of. The court relied on the ED's records that demonstrated that a speed post was forwarded by the ED to the Government on January 30, 2025. Another reminder was also sent by speed post on November 10, 2025. 

Noting that the letter was not returned undelivered to the ED, the court raised the presumption that the letter reached the State Government under Section 27 of the General Clauses Act. 

The court therefore allowed the application by raising the presumption of deemed sanction under Section 218(1) of the BNSS.

Accordingly, the court granted time to the defence to argue on cognizance and listed the matter for November 4, 2026. 

For ED: Special Public Prosecutor Rajat Raguuwanshi with Law Assistant Shan Ali Khan

For Accused: Advocates Abhishek Rawal and Kirti Wankar

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