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2025 (1) TMI 738 - SCH - Money LaunderingMoney Laundering - interrogation process - whether after the filing of the complaint, the accused can be called for interrogation or not for the purpose of recording their statement under Section 50 of the Prevention of Money Laundering Act, 2002? - HELD THAT - The High Court, in the impugned judgment, did not take into consideration the explanation (ii) to Section 44 (1) of the PMLA, wherein it is specifically provided that such a course is well open to the investigating agency. In such view of the clear provision contained in Section 44, as afore-stated, the impugned judgment is set aside. Appeal disposed off.
The Supreme Court, comprising Hon'ble Justices M.M. Sundresh and Aravind Kumar, addressed the issue of whether the accused can be called for interrogation after the filing of a complaint for the purpose of recording their statement under Section 50 of the Prevention of Money Laundering Act, 2002 (PMLA). The High Court's judgment was overturned because it failed to consider explanation (ii) to Section 44(1) of the PMLA, which allows such interrogation by the investigating agency. Consequently, the Supreme Court set aside the impugned judgment, granting the appellant the liberty to call the respondents for further examination, with the expectation of their cooperation. The appeal was disposed of, and any pending applications were also disposed of.
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