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2022 (5) TMI 1167 - HC - Money LaunderingMoney Laundering - renewal of passport - Section 6 of the Delhi Special Police Establishment Act, 1946 - HELD THAT:- There are no doubt that there is absolutely nothing to interfere with the order under challenge. It is true that a complaint has already been laid against the petitioner and others. It is pending as S.C. No. 533/2018 before the Special Court. Meanwhile, Enforcement Directorate has undertaken a further investigation, on the basis of the subsequent revelations that large sum of money was laundered by the petitioner. The estimation of the first respondent is that he is guilty of laundering Rs. 910 crores including sum of Rs. 258.52 crores for which three provisional attachment orders were issued. Now the further investigation by the Enforcement Directorate is in progress. As part of the further investigation, summons dated 23.02.2021, 03.03.2021, 24.03.2021, 15.06.2021 and 29.07.2021 were issued. The petitioner admits the receipt of all such notices. But according to him, he has promptly responded the same; there is no wilful default on his part in absenting from appearing before the Investigating Officer. The copy of summonses produced by the petitioner indicate that summonses issued under Section 50 of the Act asked him to appear before the Deputy Director in person on different days noted in the summons. It is a fact that he did not turn up and had sent only his representative. When the Deputy Director has insisted his personal presence as part of investigation, there is no meaning in saying that he had sent his authorised representative. When personal appearance is insisted, petitioner cannot be heard to say that the Enforcement Directorate should rest content with the documents and statements of the employee deployed by him - Such a conduct on the part of the petitioner cannot be appreciated. In this connection, this Court can see a calculated attempt on the part of the petitioner to defeat the summons and prolong the process of investigation. His adamant stand that he will not appear before the Investigating Officer is not understandable. The presumption under Section 23 of the Act works against the petitioner. Further, the petitioner has approached this Court seeking exercise of its extra jurisdiction under Section 482 of the Code of Criminal Procedure. Such a person is expected to come with clean hands. The petitioner who is adamant and insist that he will not appear before the Investigating Officer has adopted a short cut method to get the passport renewed without co-operating with the investigation. The claim that he has co-operated with investigation has no basis at all. The learned Central Government Counsel has invited special attention to Explanation No. (ii) to Section 44(d) of the Act also.
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