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TMI Blog2019 (5) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion of Money Laundering Act, 2002 (in short "PMLA"). 2. The Act provides for attachment of properties derived or obtained from the proceeds of a crime, for completion of investigation and prosecution of persons for committing the offence under the said Act. While the process of attachment is provided under Section 5 of the PMLA, prosecution for Commission of Offence of money laundering is under section 3 of the said Act, by filing complaint under section 45 of the Act. 3. The case in hand is with respect to an organisation, which has been declared as unlawful association by the Government of India and the persons associated are being investigated under ECIR/MBZO/13/2016 for suspected commissioning of money laundering offence. 4. One Dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrying out further investigation in the matter. It is also stated that the petitioner was detained by the Immigration Authorities at Delhi Airport, while he was trying to board a flight to Nepal. On receipt of information about his detention, the second respondent took him to their Mumbai Zonal Office along with his passport for examining him and recording his evidence under section 50 (2) & (3) of PMLA. Admittedly, the passport had been handed over to the petitioner and the said Look Out Circular is under challenge in this Writ petition. 6. The petitioner further submitted that he attended the office of the second respondent on 25.01.2018 and after being questioned he was allowed to go. It is admitted that he was a Promoter Director of M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment or the State Government and that too only in the prescribed form signed by the officer of certain rank. In this case, the look out circular is not produced before the court. 9. Heard the learned Central Government Standing Counsel for the first respondent and the learned Special Public Prosecutor appearing on behalf of the second and third respondents. 10. While issuing notice under Section 41A of the Code of Criminal Procedure, the Investigating Authority has got inherent power to take necessary steps to see that the accused in the case don't leave the jurisdiction and co-operate with the enquiry. The person accused is also duty bound to appear before the authorities. If such power under Section 41A is not available with the Inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s issued against him so as to ensure his presence for carrying out further investigation in the matter. Accordingly, he was detained by Immigration Authorities at Delhi Airport, while he was trying to board a flight to Nepal. 14. As stated already, the entire investigation is related to offences under Sections 10, 13 and 18 of the Unlawful Activities Prevention Act, 1967 and under Section 153A of IPC against Dr.Zakir Naik and others, vide the FIR No.5 dated 18.11.2016. As per the said FIR, the activities of Dr.Zakir Naik and his associates are prejudicial to the maintenance of harmony among various communities and likely to disturb the public tranquility. The FIR also revealed existence of scheduled offences under Part A of the PMLA and EC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not have jurisdiction to issue the impugned Look Out Circular.
17. The Look Out Circular was issued in the year 2016 and is challenged after almost more than a year long enquiry was being conducted, by issuing numerous summons. Hence, the impugned Look Out Circular cannot be quashed at this stage. However, this court is inclined to direct the second and third respondents to complete the enquiry as expeditiously as possible, however, not beyond three months from the date of receipt of a copy of this order.
18. Excepting the above direction, the writ petition fails and the same is dismissed as devoid of merits. There shall be no order as to costs. Consequently, connected W.M.P.Nos.10184 and 10185 are closed. X X X X Extracts X X X X X X X X Extracts X X X X
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