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2014 (11) TMI 1104 - GUJARAT HIGH COURT

2014 (11) TMI 1104 - GUJARAT HIGH COURT - TMI - Legality and validity of the order of issue of warrant passed by the Designated Judge under P.M.L. Act 2002 - Held that:- On a plain reading of the provisions of law it appears prima facie that if the offence is heinous, the Court may be justified in issuing non­bailable warrants simultaneously with the order of process, but it appears on a plain reading of Section 87 of the Code of Criminal Procedure that at the same time the Court concerned is al .....

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the petitioners have been able to make out a strong prima facie case to have an interim order to the limited extent that, the order passed by the Designated Judge for issue of warrant shall remain stayed from its operation, till the next date of hearing. - Special Criminal Application (Quashing) No. 4697 of 2014 - Dated:- 7-11-2014 - J.B. PARDIWALA J. Mr. S M Vatsa, Advocate for the Applicant. Mr. HS Soni, App for the Respondent. ORDER 1. Issue Notice to the respondents returnable on 19th Novem .....

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nishable under Section 4 of the Act 2002, read with Section 120B of the Indian Penal Code. The complaint has been filed by the Deputy Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue, Government of India in exercise of his powers under Section 45 of the Act 2002. It also appears that it is the First Supplementary complaint dated 29th October, 2014 filed in the Complaint dated 18th July, 2014 in the P.M.L.A Case No.3 of 2014 by the Deputy Director, Enforcement Dire .....

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ution against the accused. 5. It appears that the learned Sessions Judge passed an order below complaint No.4/14 on 29th October, 2014 and directed to register the complaint as P.M.L.A Case against all the accused. The Learned Sessions Judge also ordered to issue warrant against the petitioners herein (original accused nos. 2,4,5,7,8,9 and 10) and the warrant was made returnable on 10th November, 2014. 6. The submission on behalf of the petitioners is that the learned Designated Judge ought not .....

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e of warrant in lieu or in addition to summons. However the condition precedent is assigning reasons in writing. My attention has been drawn to a decision of the Supreme Court in the case of Inder Mohan Goswami and another Vs. State of Uttaranchal and others, reported in 2008 (1) G.L.H. 603, wherein, the Supreme Court has observed that non bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result. This could be whe .....

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