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2016 (8) TMI 1176 - HC - Money LaunderingThis Court may issue notice to the Respondent as to whether a reference may be made to a large Bench, inter alia, on tentatively the following questions:- A. Whether the judgment rendered in Karam Singh's case is not a binding precedent as it does not take into account the ratio laid down by the Hon'ble Supreme Court in Om Parkash's case (2011 (9) TMI 65 - SUPREME COURT OF INDIA) regarding the applicability of the procedure to the investigations under a special statute as contemplated under Chapter XII of the Code in the absence of any provision to the contrary in such special statute? B. Whether the offences under Sections 3/4 PMLA are noncognizable in view of the amendment carried out on 21.5.2005 read with the Lok Sabha debates quoting the then Finance Minister that the said amendment was proposed to “make the offences non-cognizable”? C. Whether in view of Section 65 PMLA read with Section 4(2) and 5 Cr.P.C., in the absence of any specific procedure to the contrary under PMLA, the provisions of Chapter XII Cr.P.C. would straightway apply? D. Whether the statements recorded under Section 50(2) PMLA are hit by Section 25 of the Evidence Act?
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