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2020 (2) TMI 1027 - HC - Money LaunderingEnlargement of applicant in the event of her arrest - Section 438 of the Code of Criminal Procedure, 1973 - HELD THAT:- It is revealed that the respondent – investigating agency has registered the case against the applicant. In connection with the said case, summons under Section 50 of the PMLA came to be issued to the applicant thrice. It is not in dispute that applicant did not remain present before the investigating agency and thereby not cooperated with the said agency. From the material placed on record, it is further revealed that against the husband of the applicant viz. Sanjay Gupta and others, FIR being C.R.No.I3 of 2015 is registered with CID Crime, Gandhinagar. Thus, in the facts and circumstances of the present case, when the investigating agency has issued the summons under Section 50 of the PMLA to the applicant, applicant was required to remain present before the investigating agency and to cooperate with them. However, she has failed to remain present though summons were issued thrice. The presence of the applicant is required before the investigating officer to explain various transactions came across during the investigation for the purpose of ongoing investigation under PMLA. Hence, custodial interrogation of the applicant is required - application dismissed.
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