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2023 (4) TMI 838 - KERALA HIGH COURTScope of the investigation - involvement of high-ranking political functionaries of the State - gold smuggling activities - Seeking direction to the Customs and Enforcement Directorate, Government of India to conduct a fair and time bound investigation into allegations of money laundering and illegal gold smuggling - HELD THAT:- When the Customs had, pursuant to the show-cause notice, conducted an investigation and filed complaints based on the materials collected, a direction to conduct a further investigation into the involvement of other persons ought not to be indulged in by this Court in the exercise of the Jurisdiction under Article 226 of the Constitution, unless there are exceptional circumstances. Except for assumptions and surmises, no material has been produced by the petitioner to countenance such exceptional circumstances. The complaints already filed are under the Customs Act, and they are pending consideration - there are sufficient provisions under law to add parties in case any offence is revealed later as having been committed by any person. It is evident that even the very apprehension expressed by the petitioner regarding the non-conduct of a fair and proper investigation is without any basis. The Customs as well as the Enforcement Directorate, have conducted or are conducting proper investigations. There are also no reasons to assume that if the involvement of any person is revealed in the investigation, they will not be proceeded against. For, the dictum “Be you ever so high, the law is above you” applies with equal vigour to all, irrespective of status or position. Petition dismissed.
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