Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2013 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (9) TMI 1144 - MADRAS HIGH COURTSummons issued as per Section 50 (2) and (3) of the Prevention of Money-Laundering Act, 2002 - Held that:- The present Writ Petitions filed by the Writ Petitioners are not maintainable because of the simple reason that through the summons dated 10.04.2013 they were directed to appear before the Respondent/Assistant Director, Directorate of Enforcement, Chennai with records mentioned therein for the purpose of enquiry/ investigation under the Prevention of Money-Laundering Act to ascertain the proceeds of crime, in the considered opinion of this Court. The proceedings under the Prevention of Money-Laundering Act are deemed to be judicial proceedings within the meaning of Section 193 and under Section 228 of the Indian Penal Code. Summons issued to the Petitioners is a preliminary one relating to the investigation under the Prevention of Money-Laundering Act by the authority concerned. The fact of the matter is that the Adjudicating Authority/machinery under the Prevention of Money Laundering Act is designated to adjudge the breach of any statutory obligation and it is not a Court of Law or a Judicial Tribunal, in the considered opinion of this Court. Moreover, the Adjudicating Authority under the Prevention of Money Laundering Act is not trying a criminal case. But only decides the effect of breach of obligations by the concerned. Respondent has issued show cause notices/summons dated 10.04.2013 to the Petitioners in question based on authority in terms of Section 50(2) and (3) of the Prevention of Money-Laundering Act and ordinarily, the parties are to project their case or place their case before the authority. Viewed in that perspective, this Court is not inclined to interfere with the issuance of summons dated 10.04.2013 by the Respondent to the Petitioners. Consequently, the Writ Petitions fail.
|