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2014 (7) TMI 1221 - MADRAS HIGH COURT

2014 (7) TMI 1221 - MADRAS HIGH COURT - TMI - Validity of summons issued - production of the documents - Held that:- It is seen that the criminal case was registered pursuant to a complaint giving by one Mr. Mahesh who was the intervenor in the anticipatory bail application filed by the petitioners and the said proceedings are independent proceedings wherein the offences alleged are under the provisions of I.P.C which are said to have been committed by the petitioners.Therefore, the petitioners .....

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(e) of Section 12(1) of the Act. In such circumstances the summons issued to the petitioners cannot be quashed at the very threshold. In any event, the summons is for production of the documents for the purpose of conducting an investigation under the Act. The petitioners apprehend harassment in the hands of the respondent/designated authority when they are appear for enquiry pursuant to the summons. - While rejecting the prayer sought for by the petitioners, there will be a direction to the .....

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these writ petitions, the challenge is to the summons issued by the Directorate of Enforcement, Madurai, calling upon the petitioners to appear before the designated authority on 15.07.2014 at 11.00 a.m. 2. The petitioner in W.P.(MD)No.11525 of 2014, is Mr. G. Radhakrishnan, who is described as a partner of a firm under the name and style of M/s. Chivas Trading Corporation, Trichy, who has been directed to appear in person today (15.07.2014) and produce the following documents: a) his Passport .....

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ppear in person or through authorized agent, and has been directed to produce the same documents/records as that of the other writ petitioner. 4. Mr. B. Saravanan, learned Counsel appearing for the petitioners submits that the impugned summons is bad in law for several reasons. It is pointed out that Section 50 of the Prevention of Money-Laundering Act, 2002, (hereinafter referred as the Act) enumerates the power of the authority regarding the summon for production of the documents and to give e .....

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wer under Section 50 of the Act. 6. Further, it is submitted that in terms of sub-Section (4) of Section 50 of the Act, every proceedings initiated under sub-Sections (2) and (3) of Section 50 of the Act, shall be deemed to be a judicial proceedings. By referring to Section 12 of the Act, it is submitted that the said provision deals with the reporting entity who is required to maintain the records mentioned in clauses(a) to (e) under Section 12. The provision reads as follows: 12.Reporting enti .....

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to such conditions, as may be prescribed; (d) identify the beneficial owner, if any, of such of its clients, as may be prescribed; (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients". 7. It is submitted by the learned Counsel for the petitioners that the four documents which are sought for by the designated authority in the summons do not fall within any of the records mention .....

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oners fearing arrest, approached this Court seeking for anticipatory bail in Crl. O.P (MD)No.6212 of 2013 dated 10.07.2013. The application for anticipatory bail was resisted by the respondent police as well as the intervenor one Mr.Mahesh and this Court after considering the rival submissions, ordered to release the petitioners on bail in the event of their arrest subject to certain conditions and the operative portion of the order reads as follows: "5. Considering the rival submissions ma .....

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ing the pendency of the suit, when the bank went to attach and sell the property by invoking the provision of SARFAESI Act, it came to light that there is no such property available and hence a case has been registered. According to the learned Senior Counsel for the petitioners, before registering a case, the petitioners have received notices and appeared before the Court, co-operating with the investigation and thereafter only, the case has been registered and it is their case that the bank, a .....

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Judicial Magistrate No. IV, Tirhcy, and on each of them executing a bond for a sum of ₹ 10,000/- (Rupees Ten Thousand only)with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr. P.C scrupulously. 7. The petitioners shall appear before the concerne .....

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proceedings are initiated against the petitioners both before the criminal forum as well as under the provisions of the Money-Laundering Act, 2002. Therefore, learned Counsel for the petitioners submitted that the impugned summons deserves to be quashed. 10. Mr. K.K. Senthilvelan, learned Assistant Solicitor General of India, accepts notice for the respondent and submitted that the details mentioned in the schedule to the summon are essentially required for conducting investigation under the pr .....

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ught for by the petitioners, the documents (a) & (c) are the Passport, Ration Card/Voter I.D Card. These are essentially required for the identification of the petitioners and ensure that the petitioners co-operate with the investigation which is to be carried under the provisions of the Act. Merely because the criminal case has been registered on the file of the Inspector of Police, City Crime Branch Police, Trichy, the same cannot prevent the respondent/designated authority in exercising t .....

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