2020 (10) TMI 1333 - HC - Money Laundering

Money Laundering - Validity of summons issued - violation of the provisions contained in Section 160 Cr.P.C. - HELD THAT - The respondent submits presence of the petitioners is being sought for seeking some queries from them and they have been summoned as witness(es) and the interest of justice shall suffice if the petitioners all residents of Karnataka in this pandemic situation may be directed to join the enquiry through Video Conferencing. The date and timing of such Video Conferencing shall be shared by the investigating officer with the petitioners so that there should not be any inconvenience for anyone in joining such enquiry. List on 19.11.2020 and in the meanwhile petitioners shall cooperate in the enquiry through video conferencing and their personal appearance shall not be insisted upon till the next date of hearing.

Summary

Issues:
Challenging summons under Section 50 of PMLA for Karnataka residents.

Analysis:
The High Court of Delhi heard seven petitions challenging summons issued under Section 50 of the Prevention of Money Laundering Act (PMLA) to residents of Karnataka. The petitioners contended that the summons violated provisions of Section 160 of the Criminal Procedure Code (Cr.P.C). The respondent, represented by the learned CGSC, argued that the petitioners were summoned as witnesses to answer queries, and in light of the pandemic situation, requested the petitioners to join the enquiry through Video Conferencing. The Court allowed exemption subject to exceptions and disposed of the applications related to each petition.

The respondent assured that the investigating officer would schedule the Video Conferencing for the petitioners' convenience to avoid any inconvenience. The Court directed the petitioners to cooperate in the enquiry through video conferencing until the next hearing date, which was set for 19.11.2020. Personal appearance of the petitioners was not insisted upon until the next hearing date.