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2022 (3) TMI 112 - HC - Money LaunderingMoney laundering - Recovery of foreign currencies - petitioner submits that it can be safely said that ECIR is certainly akin to FIR as it sets the investigation in motion in PMLA - HELD THAT:- It is clear from the documents that the investigation under the PMLA is initiated against the petitioner and impugned summons are issued under Section 50 of the PMLA. From bare reading of Section 50 of the PMLA it can be said that the respondent/authorities have ample power to summon any person during the investigation and to record their statement, give evidence or produce documents as sought by the respondent/authorities. Section 50(4) of the PMLA stated that every proceeding under sub-sections (2) an (3) shall be deemed to be a judicial proceeding within the meaning of Section1 93 and Section 228 of the Indian Penal Code, 1860 - Section 50(2) gives sufficient power to the authority to summon any person whose attendance is considered necessary. The main challenge of the petitioners is that the respondent/Agency is proceeding with the issuance of summons under Section 50 of the PMLA to the petitioners without supplying copy of the aforesaid ECIR to them which is against the law. The provisions of the PMLA indicate that it is a special act and is a complete code in itself, which does not come into the preview of other criminal law statute. No one can take benefit of the ground that there is a possibility of him getting prosecuted in future and under Section 50 of the PMLA, it is not mandatory that before appearing in front of the authority, a copy of ECIR is to be supplied therefore the petitioners cannot claim copy of ECIR as a right. It is clear from the documents filed by both the parties that the petitioner was not acquitted in the FERA case but was imposed with fine after which the authorities started investigation under PMLA. The impugned summons were issued under Section 50 PMLA and there is nothing on record by which it can be inferred that the issuance of summons by the respondents for investigation has caused or has the effect of causing any prejudice to any of the petitioners. Petition dismissed.
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