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TMI Blog2016 (3) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... g of order dated 21.7.2015 passed by the Designated Court under the Prevention of Money Laundering Act, 2002 (for short 'the 2002 Act') whereby the Special Court after forming a prima facie opinion that an offence under Section 3 punishable under Section 4 of the 2002 Act was made out, has summoned the petitioner through warrants of arrest. 3.) The aforementioned order has been passed by the Special Judge in a complaint filed under Section 45 (1) of the 2002 Act by the Directorate of Enforcement against the petitioner, his father and mother. From the contents of the complaint, it is revealed that various FIRs have been registered by the Punjab Police and other State Police under the provisions of the NDPS Act and recoveries were ef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also owns some of the immoveable properties and luxury vehciles independently or jointly with his parents. 5.) In the NDPS case registered vide FIR No.60 dated 1.6.2012 under Sections 21, 29, 61, 85 of the NDPS Act at Police Station Kartarpur, District Jalandhar, the petitioner and his mother (Rajwant Kaur) were arrested but the prosecution having failed to submit the challan within the statutory period contemplated under Section 36-A of the NDPS Act that this Court vide order dated 10.3.2014 ordered their release on bail. 6.) The father of the petitioner is involved in multiple cases and at present is lodged in Tihar Jail, Delhi. 7.) After carrying out its own investigation into the allegations of money laundering, the Enforcement Dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vs. State of Punjab) . 10.) Once his mother got the interim relief, the petitioner has also filed this second petition, now questioning the legality of the order dated 21.7.2015 to the extent of his summoning through warrants of arrest. 11.) We have heard learned counsel for the parties and gone through the relevant record. 12.) With a view to wriggle out of the impact of the order dated 10.9.2015 whereby this Court declined pre-arrest bail to the petitioner, it is urged by his learned counsel that the nature of relief sought in the instant petition is distinct and different than the prearrest bail. He urges that the Designated Court ought not to have issued the warrants of arrest at the very first instance unless the Court was satisfie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecified under Section 45 are mandatory and need to be complied, moreso when the said provision is read with Section 65 and 71 of the 2002 Act. 14.) Having given our thoughtful consideration to the rival submissions, we are satisfied that the petitioner does not deserve to any protection against his arrest or subjection to the judicial custody for more than one reasons. Firstly, all the grounds now taken by him were very much available in the petition for the grant of pre-arrest bail which was dismissed by this Court on 10.9.2015. Secondly, there is no change in the circumstances thereafter which could possibly justify the petitioner's second attempt to evade judicial custody. 15.) The summoning of an accused in the case of a non-bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h he is said to have admitted in his statement before the Directorate that his parents "did not file their income tax returns". Taking into consideration the totality of the circumstances and having regard to the gravity attached by the Legislature to the nature of offences defined under the 2002 Act especially the mandatory nature of Section 45 of the 2002 Act, it cannot be said that the summoning of the petitioner through warrants of arrest is a mechanical exercise or lacks the desired application of mind. The principles laid down by the Supreme Court in Inder Mohan Goswami's case are in the context of a private criminal complaint which originated out of a property dispute and the genesis of which lied in an agreement to sell between ..... X X X X Extracts X X X X X X X X Extracts X X X X
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