TMI Blog2014 (7) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... the transcripts of the petitioners and the family members and their Companies and other relate to the immovable properties held by the petitioners in India and by their family members, Companies namely viz., M/s. Chivas Trading Corporation. Thus all the documents called for clearly fall within the ambit of sub-sections (a) to (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 rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who has been directed to appear in person/ authorized agent and it has not been specifically mentioned whether she has to appear 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 evidence etc. 5. It is submitted that under Section 50(1) of the Act, the powers are vested with a civil Court under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 mentioned in Clauses (a) to (e) of Section 12(1) of the Act. Therefore, it is submitted that the summons are illegal. It is further submitted that the summons are bad in law as being bereft of material particulars. 8. Learned Counsel further submits that the criminal proceedings have been initiated against the petitioners for the alleged offences und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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, after verifying all the records only, has sanctioned the loan amount. Further more, the Bank filed a suit for recovery of money due, not only against the petitioners, but also the guarantor and others. In such circumstances, it is a case of recovery of money due on a mortgage, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No. IV, Tirhcy, and on each of them executing a bond for a sum of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ope and ambit of Section 12 of the Act. The further contention is that the matter is under investigation and a summon may not be quashed at the very threshold as it would ramper the investigation and the petitioners are bound to co-operate with the smooth conduct of the investigation. 11. After hearing the learned Counsels and perusing the materials placed on record, it is seen that out of four documents sought 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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15. It is to be noted that the designated authority has to proceed in accordance with law and there shall not be any harassment on the petitioners, merely because they are responding to the summons issued. Needless to state that the petitioners shall co-operate in the investigation for which they have been summoned by the designated authority. Since the petitioners have moved this Court, they have not appeared before the designated authority today, i.e., on 15.07.2014. 16. In the light of the above, while rejecting the prayer sought for by the petitioners, there will be a direction to the petitioners to appear before the respondent on 18.07.2014 and produce the documents sought for and the respondent/designated authority shall investi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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