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2022 (12) TMI 1150 - HC - Money LaunderingValidity of summons issued - money laundering - proceeds of crime - process envisaged by Section 50 of the PMLA is in nature of inquiry against the proceeds of crime or investigation in strict sense of the term for initiating prosecution - authorities under the PMLA are police officers or not - HELD THAT:- The record reflects that the sole prayer of the petitioner in the writ petition was to quash the summons dated 26th of July, 2022 and 12th of August, 2022. These summons were issued for the limited purpose seeking appearance of the petitioner before E.D. on the given date. The summon for appearing on 26th of July, 2022 contains the summon No. “PMLA/SUMMON/HIU2/2022/616” and the summon dated 12th of August, 2022 contains a different summon No. “PMLA/SUMMON/HIU2/2022/663”. These summons were issued in connection with F.No. ECIR/17/HUI/2020. The summons were in terms of Section 50(2) and (3) of PMLA related to powers of authorities regarding summons, production of documents and to give evidence etc. Sub-Section 2 of Section 50 empowers the specified officer to summon any person whose attendance is considered necessary to give evidence or to produce any records during the course of any investigation or proceeding under the Act. There is no further direction to the writ petitioner by the appellant to appear. Hence, the impugned summons have been worked out and have lost their force now. As on date, there is nothing on record indicating that the writ petitioner is further required to appear before the appellant in terms of Section 50 of PMLA. Thus, nothing survives in the pending writ petition. In fact, by way of interim relief, learned Single Judge had granted the final relief to the writ petitioner. Therefore, the writ petition has now become infructuous for all practical purposes. Nothing survives in the present writ petition pending before the learned Single Judge which has become infructuous on account of subsequent development - Appeal disposed off.
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