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TMI Blog2016 (8) TMI 1176X X X X Extracts X X X X X X X X Extracts X X X X ..... Code in the absence of any provision to the contrary in such special statute? B. Whether the offences under Sections 3/4 PMLA are noncognizable in view of the amendment carried out on 21.5.2005 read with the Lok Sabha debates quoting the then Finance Minister that the said amendment was proposed to “make the offences non-cognizable”? C. Whether in view of Section 65 PMLA read with Section 4(2) and 5 Cr.P.C., in the absence of any specific procedure to the contrary under PMLA, the provisions of Chapter XII Cr.P.C. would straightway apply? D. Whether the statements recorded under Section 50(2) PMLA are hit by Section 25 of the Evidence Act? X X X X Extracts X X X X X X X X Extracts X X X X ..... C. prior to commencement of the investigations though they were not police officers. 3. It is also urged that even if the offences under PMLA are construed as cognizable, still the ratio of Om Parkash's case would prevail and the officers of the Enforcement Directorate are bound to follow the procedure under Chapter XII Cr.P.C. viz. Sections 154, 157, 167, 172 etc. 4. Petitioners also pray that the summons issued by the Respondent to Petitioner No. 2 under Section 50(2) PMLA are without jurisdiction and, therefore, the same may be quashed. It is urged that the petitioner no. 2 has earlier been associated with the investigations and even his statements have been recorded and the Investigating Agency has never felt the necessity to arre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Rules prescribe Form of Arrest Order, summons etc., there is no provision in PMLA which would prescribe a procedure for investigating either a cognizable or a non-cognizable offence. Thus, it is urged that by virtue of Section 4(2) and 5 of Cr.P.C. read with Section 65 and 71 of PMLA, the provisions contained in Chapter XII Cr.P.C. must necessarily be followed. 7. Since the issues raised have also been dealt with by various other High Courts as well, this Court may issue notice to the Respondent as to whether a reference may be made to a large Bench, inter alia, on tentatively the following questions:- A. Whether the judgment rendered in Karam Singh's case is not a binding precedent as it does not take into account the ratio l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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