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TMI Blog2022 (3) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... ing a special criminal enactment providing for a separate investigative procedure and power, it is imperative that due meaning and regard is given to the provisions of the PMLA in its totality and the said provisions are allowed to operate in their full force on their own. The Hon ble Supreme Court in ASHOK MUNILAL JAIN AND ANR. VERSUS ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT [ 2017 (3) TMI 1642 - SUPREME COURT] was faced with the situation wherein there existed no provision in the PMLA which would even remotely be relatable to the power exercised by the courts in remanding arrested persons to custody, and therefore, held that Section 167 of the CrPC would apply to arrests made under the PMLA. Applicability of Section 160 of the CrPC to investigations under the PMLA, specifically with regard to the protection granted to a woman, and not with regard to the territorial limitation - HELD THAT:- Considering that Section 50 of the PMLA specifically refers to any person which would include a woman, the special provision in Section 160 CrPC available to a woman would not apply in view of the overriding provision in Section 71 of the PMLA. To apply proviso to Section 160 CrPC concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lala with active connivance of certain ECL employees. b. On 28.11.2020, ECIR bearing No. 17/HIU/2020 ("ECIR") was registered. Various Summons(es) were issued to Petitioners No. 1 and 2 by the Respondent in relation to the ECIR on several occasions seeking their appearance in New Delhi along with voluminous documents. Replies were furnished by the Petitioners to the said Summons(es) which have been annexed with the Writ Petition. c. Summons dated 18.08.2021 was issued seeking personal appearance of Petitioner No. 1 on 06.09.2021. The Petitioner No. 1 in compliance of the Summons, joined investigation on 06.09.2021. After Petitioner No. 1 was examined by the respondent, summon dated 06.09.2021 was issued seeking his personal appearance on 08.09.2021. Reply dated 08.09.2021 was sent by Petitioner No. 1 stating that he had cooperated with the investigation conducted by the respondent and would continue to do so. Petitioner No. 1 further stated that he appeared before the respondent on 06.09.2021 and sought for four (4) weeks' time for the documents sought in the concerned summon. Petitioner No. 1 also requested that the investigation qua him be conducted in Kolkata or via video-co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e seized and statements of the witness and other accused persons were recorded and it was found out that Inspector Ashok Kumar Mishra has received ₹ 168 crores in just 109 days from co-accused Anoop Majee, to be delivered to his political bosses including Vinay Mishra (co-accused) etc. c. It was pointed out that ₹ 168 crores were transferred through vouchers to Delhi and overseas. After investigation, complaint u/s 44/45 PMLA was filed against these two accused persons before Special Court, PMLA, Rouse Avenue Courts, New Delhi. The Ld Trial Court took cognizance in that complaint vide order dated 28.06.2021. It was pointed out that during the investigation of the above mentioned accused persons, names of present Petitioners surfaced and thereafter investigation proceeded accordingly. d. That the Petitioners while alleging mala fides have neither named any officer or person against whom mala fides are alleged nor have they made any officer or person a party to the proceedings. It is just a tactic to evade/hamper the investigation being carried out by the officers of the Respondent. 3. In light of the above, the Petitioners in WP(CRL) No.1808 of 2021 have sought for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to be examined at her residence at Kolkata. She also stated that it has come to her knowledge that the entire cause of action arose in West Bengal, and that other women in the ECIR have been examined at their residences in Kolkata. She further stated that a woman cannot be summoned to appear before an investigating authority, that too in a different state and reiterated her intention to fully co-operate and assist with the ongoing investigation. e. On 13.09.2021, the Respondent filed a complaint under Section 63 PMLA read with Section 174 IPC against the Petitioner, bearing CC No. 1186 of 2021, before the Ld. CMM, Patiala House Courts, New Delhi. The Ld. CMM, Patiala House Courts took cognizance of the aforesaid complaint vide Order dated 18.09.2021 (hereinafter referred to as "First Impugned Order"). Thereafter, the Ld. CMM, Patiala House Courts summoned the Petitioner physically for furnishing surety vide Order dated 30.09.2021 (hereinafter referred to as the "Second Impugned Order") f. The Petitioner, along with her husband, filed a Writ Petition bearing W.P. (Crl.) No. 1808/2021 titled 'Abhishek Banerjee and Anr. v. Directorate of Enforcement' before this Hon'ble Court o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Supreme Court in Ashok Munilal Jain& Anr. Vs. Directorate of Enforcement, (2018) 16 SCC 158, para 3 & 4. (f) The Ld. Sr. counsel for the Petitioners have also sought to draw a parallel with a judgment of the Division Bench of this Hon'ble Court in Asmita Aggarwal vs. Enforcement Directorate & Others, 2002 (61) DRJ 339 (para 7, 8) which, in the context of Section 40 of the Foreign Exchange Regulation Act held that Section 160 of the CrPC, specifically the proviso, would apply to a woman being summoned in pursuance to any investigation under the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as "FERA"). The Ld. Sr. counsel for the Petitioners have submitted that Section 40 of FERA and Section 50 of the PMLA are similar provisions and are silent as to the manner and place where a person can be summoned for their examination. (g) The Ld. Sr. counsel for the Petitioners further relied on a judgment of Hon'ble High Court of Gujarat in Foziya Samir Godil v. Union of India, 2014 SCC Online Guj 3417 (Para 42 - 43). The Ld. Sr. counsel for the Petitioners further submitted that the said judgment was delivered in the context of Section 50 of the PMLA and has held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to who is to be summoned and where such person is to be summoned. (b) Placing reliance on the order of the Hon'ble Supreme Court in Kirit Shrimankar v. Union of India & Ors. in WP (Crl.) No. 109/2013, the Ld. SG urged that the writ petition is premature, the Petitioners cannot be said to be persons aggrieved and, therefore, no violation of fundamental rights or statutory rights can be urged at the issuance of summons. In light of the above, it is urged that the present writ petition is not maintainable. Reliance in this regard is also placed on Union of India & Anr. Vs. Kunisetty Satyanarayanan (2006) 12 SCC 28, Commissioner of Customs, Kolkata & Anr. Vs. M/s M.M. Exports & Anr. (2010) 15 SCC 647. (c) The Ld. SG submitted that the Respondent agency is a national agency which has Pan India jurisdiction and is not limited by the territorial limitations present in the CrPC. The Ld. SG pointed out that the scheme of the CrPC imposes a territorial restriction on the power of the investigation by a police officer wherein such restriction is limited to the local area which is in turn connected to the concerned local Magistrate. Reliance in this regard was placed on various provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal from the said order, the Hon'ble Supreme Court vide order dated 03.08.2018 passed in SLP(Civil) No.19275 of 2018 granted interim relief to the Petitioner therein, however, the Hon'ble Apex Court has not stayed the order of the Hon'ble Division Bench mentioned above. (k) The Ld. SG further submits that as per the judgment in Nandini Satpathy vs. Dani (P.L.) And Anr (1978) DAN, the rationale behind the proviso to Section 160 CrPC was to keep women and children away from police station due to various factors and specifically due to the nature of police stations in general. In order to distinguish the same, the Ld. SG submitted that PMLA deals with white collar crimes committed with cool calculations and have seen an increased participation by persons from all walks of life including women. The Ld. SG submitted that therefore, with regard to special nature of the offence under the PMLA, the legislature thought it fit to do away with the distinction provided for under Section 160 of the CrPC contained in Chapter XII of the Code and proceeded made it gender neutral under Section 50 of PMLA. (l) The Ld. SG submitted that the judgment in Ashok Munilal Jain (supra) would have n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial limitations even in the PMLA. The Ld. Sr. counsel for the Petitioners highlighted Section 6 (5), Section 16, Section 44, Section 51. (c) The Ld. Sr. counsel for the Petitioners further highlighted the annual report of the Department of Revenue showing an organizational chart of zonal officers. On the basis of the same, the Ld. Sr. counsel for the Petitioners urged that the concept of territorial limitation is also present under the PMLA. (d) The Ld. Sr. counsel for the Petitioners further submitted that the validity of the notice issued under Section 50 of PMLA can be challenged by way of a writ petition which is maintainable considering the statutory infractions pleaded by the Petitioners. (e) The Ld. Sr. counsel for the Petitioners further urged that the Petitioners had been repeatedly summoned to join the investigation by having to appear in New Delhi and when they joined the investigation, the Petitioners were subjected to a roving and fishing enquiry. In light of the same, the Ld. Sr. counsel for the Petitioners submitted that there is reasonable apprehension that the investigation conducted qua them is motivated and mala fide. (f) The Ld. Sr. counsel for the Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unless the context otherwise requires,- (h) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf; (j) "local jurisdiction", in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify; (k) "metropolitan area" means the area declared, or deemed to be declared, under section 8, to be a metropolitan area; (o) "officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (s) "police station" means any post or place declared generally or specially by the State Govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable. 156. Police officer's power to investigate cognizable case.- (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of Section 2 of the CrPC read with Section 7 and other provisions of Chapter XII clearly points towards the territorial limitations imposed on police officers in terms of the exercise of their jurisdiction. Such jurisdiction appears to be limited to their respective local areas [except in certain situations] falling under their respective police stations. 17. As opposed to the same, a perusal of the PMLA would provide that the authorities under Section 48 of the PMLA, in the exercise of their powers under the PMLA are not territorially restricted in the manner envisaged under the CrPC. The relevant provisions may be noted as under : "Section 2 - Definitions (ra) "offence of cross border implications", means- (i) any conduct by a person at a place outside India which constitutes an offence at that place and which would have constituted an offence specified in Part A, Part B or Part C of the Schedule, had it been committed in India and if such person transfers in any manner the proceeds of such conduct or part thereof to India; or (ii) any offence specified in Part A, Part B or Part C of the Schedule which has been committed in India and the proceeds of crime, or part ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Drugs and Psychotropic Substances Act, 1985 (61 of 1985); (c) income-tax authorities under sub-section (1) of section 117 of the Income-tax Act, 1961 (43 of 1961); 2 (d) members of the recognised stock exchange referred to in clause (f) of section 2 and the officers of the stock exchanges recognised under section 4 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (e) officers of the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); (f) officers of Police; (g) officers of enforcement appointed under sub-section (1) of section 36 of the Foreign Exchange Management Act, 1999 (40 of 1999); (h) officers of the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); 3 (ha) officers of the Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (hb) officers of the Forward Markets Commission established under section 3 of the Forward Contracts (Regulation) Act, 1952 (74 of 1952); (hc) officers and members of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficial Gazette, make such provisions as may be necessary for implementing the agreement. (2) The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification. 57. Letter of request to a contracting State in certain cases.- (1) Notwithstanding anything contained in this Act or the Code of Criminal Procedure, 1973 (2 of 1974) if, in the course of an investigation into an offence or other proceedings under this Act, an application is made to a Special Court by the Investigating Officer or any officer superior in rank to the Investigating Officer that any evidence is required in connection with investigation into an offence or proceedings under this Act and he is of the opinion that such evidence may be available in any place in a contracting State, and the Special Court, on being satisfied that such evidence is required in connection with the investigation into an offence or proceedings under this Act, may issue a letter of request to a cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ass appropriate orders regarding confiscation or release of such property involved in the offence of money-laundering. 59. Reciprocal arrangements for processes and assistance for transfer of accused persons.- (1) Where a Special Court, in relation to an offence punishable under section 4, desires that- (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a document or other thing or to produce it, or (d) a search warrant, issued by it shall be served or executed at any place in any contracting State, it shall send such summons or warrant in duplicate in such form, to such Court, Judge or Magistrate through such authorities, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) Where a Special Court, in relation to an offence punishable under section 4 has received for service or execution- (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter of request is received by the Central Government from a court or an authority in a contracting State requesting attachment, seizure, freezing or confiscation of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence under a corresponding law committed in that contracting State, the Central Government may forward such letter of request to the Director, as it thinks fit, for execution in accordance with the provisions of this Act. (2A) Where on closure of the criminal case or conclusion of trial in a criminal court outside India under the corresponding law of any other country, such court finds that the offence of money-laundering under the corresponding law of that country has been committed, the Special Court shall, on receipt of an application from the Director for execution of confiscation under sub-section (2), order, after giving notice to the affected persons, that such property involved in money-laundering or which has been used for commission of the offence of money-laundering stand confiscated to the Central Government. (3) The Director shall, on receipt of a letter of request under section 58 or section 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions concerning the investigative powers of the authorities under the Act provide for any such territorial limitation. 19. This again shall have to be considered in light of Section 4 and 5 of the CrPC read with Section 65 and 71 of the PMLA. It was open for the Legislature, to enact a scheme in the nature of the CrPC and carry the same limitations in the PMLA however, the same clearly appears to be omitted consciously. Therefore, it is clear that the authorities under the PMLA are not restricted as per the territorial caskets envisaged under the CrPC and would naturally exercise jurisdiction depending upon the exigencies of special investigation. This is so in view of the nature of the offence being dealt with by "the authorities" under the PMLA which may not be localized like IPC offences. 20. The annual report of the Department of Revenue or the organizational chart of zonal officers of the Respondent would not come to the aid of the Petitioners as the same cannot be considered to be statutory limitations. In the absence of any express statutory limitations, it would not be possible to circumscribe the power of authorities under the PMLA by way of judicial interpretation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduce any records during the course of any investigation or proceeding under this Act. (3) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (4) Every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). (5) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act: Provided that an Assistant Director or a Deputy Director shall not- (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the Joint Director." 23. Section 160 of the CrPC provides for the power of a police officer to require attendance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he CrPC. To apply both the provisions together would be statutorily and logically not possible and may lead to absurdity. 24. The Petitioners have placed considerable reliance on the judgment in Asmita Aggarwal (supra) which was examining the question as to the summoning of a woman under Section 40 of FERA. The relevant paragraphs of the said judgment are as under:- "7. Bare reading of the proviso makes it clear that if the attendance of the woman is required it shall be at her residence. Admittedly the petitioner was summoned to produce documents. Reading of the summon dated 8th May, 1997 under Section 40 of the FERA shows she was only to produce documents. It appears she was summoned in connection with some on going investigation. She was to answer certain querries. 8. Contention of Mr. K.K. Sud, Addl. Solicitor General, that by directing to investigate her at her residence there has been a violation of the provision of FERA. We find no substance in this contention. Section 4 of the Code of Criminal Procedure deals with the trial of offence under the Penal Code, 1860 and other laws. Perusal of sub-section (2) of Section 4 show that all offences shall be investigated, inquire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... like FERA is silent with regard to certain procedure like where to investigate a woman, one cannot but have to have recourse to the code. Admittedly FERA is silent in this respect regarding investigating a woman 6r a minor under the FERA, therefore, we are of the view that the provisions of Section 160 of the Code would apply in the facts of this case. It may, however, be made clear that the petitioner will fully co-operate with the investigating officer." 25. The Ld. Sr. counsel for the Petitioners have further placed reliance on the judgment in Foziya Samir Godil (supra) of the Hon'ble High Court of Gujarat wherein the Court held as under:- "42. However, so far as petitioner-Foziya Samir Godil is concerned being a woman, it is rightly contended by the learned counsel for the petitioners that she is entitled to benefits of all the procedures applicable to the woman under the relevant law and to that extent. the respondents at the threshold shall have to comply with the pro visIons of law. 43. The contention that exclusive procedure for summoning a per- son under Section 50 not providing the safeguards to a woman as under various provisions of Cr.P,C and therefore, no benefit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lt, we hold that sub-sections (1) and (2) of Section 167 are squarely applicable with regard to the production and detention of a person arrested under the provisions of Section 35 of FERA and Section 104 of the Customs Act and that the Magistrate has jurisdiction under Section 167(2) to authorise detention of a person arrested by any authorised officer of the Enforcement under FERA and taken to the Magistrate in compliance of Section 35(2) of FERA." 5. We, thus, do not agree with the opinion of the High Court that the provisions of Section 167(2) CrPC would not be applicable to the proceedings under the PMLA Act. In the present case, as no complaint was filed even after the expiry of 60 days from the date when the appellant was taken into custody, he was entitled to statutory bail in view of the provisions contained in Section 167(2) CrPC." 27. The Respondent, on the other hand, has placed reliance on the judgment in Nalini Chidambaram (supra) of the Hon'ble High Court of Madras. The relevant portion is quoted as under:- "21. Section 50(2) gives sufficient ammunition to an authority to summon any person whose attendance is considered necessary. The word "shall" is to be inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, even assuming if there is any inconsistency, with any other law for the time being in force, Act 15 of 2003 will have primacy. Idea is to avoid any obstacle that might arise through the operation of other enactments. xxx 29. Both the Code and the Act travel on their respective channels. Under the Code investigation is done by the police over a crime. On the contrary, under Act 15 of 2003, an authority has got different roles to play, in tune with the objectives. While Section 50(2) of the Act 15 of 2003 speaks of an authorised agent, the same is missing under the Code. There is no proceedings under the Code as being dealt with under the Act 15 of 2003 by an authority. Merely because trappings of police power is given, an authority cannot be compared with the policemen under all circumstances and so is his office. xxx 31. Coming to the issue qua a woman, certainly an authority can call a woman, who comes within the definition of a "person", since the nature of investigation or a proceeding is totally different apart from being distinct from the one under the Code. After all, a wide discretion is given to an authority even to call a person or permit his or her authorised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d judgment, we are of the view that inasmuch as there is no conflict between Section 52 of the Act and Section 160 of the Code, it is not mandatory in all cases a woman shall never be called whatever be her involvement and status. Thus, it is for the second respondent to exercise power in a given case either to call a person or an authorised agent. Since a definition of the word "person" would include a woman, it is certainly open to the authority to take a call either summon her physically or otherwise through an agent. xxx 48. Much has been said on the decision of the Apex Court in ASHOK MUNILAL JAIN v. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT (Crl. Appeal No. 566 of 2017 dated 22.03.2017), where the appellant was given the benefit of statutory bail. The said decision also cannot help the case of the appellant. We are not dealing with the provision, which gives a substantive right. 49. In fine, both the appeals stand dismissed. However, liberty is given to the respondents to issue a fresh summons to the appellant requiring her appearance in person. No costs." 28. The Respondent has further pointed out that the Hon'ble Supreme Court has not stayed the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egard to an order staying the operation of the order of the Appellate Authority because in spite of the said order, the order of the Appellate Authority continues to exist in law and so long as it exists, it cannot be said that the appeal which has been disposed of by the said order has not been disposed of and is still pending. We are, therefore, of the opinion that the passing of the interim order dated February 21, 1991 by the Delhi High Court staying the operation of the order of the Appellate Authority dated January 7, 1991 does not have the effect of reviving the appeal which had been dismissed by the Appellate Authority by its order dated January 7, 1991 and it cannot be said that after February 21, 1991, the said appeal stood revived and was pending before the Appellate Authority. In that view of the matter, it cannot be said that any proceedings under the Act were pending before the Board or the Appellate Authority on the date of the passing of the order dated August 14, 1991 by the learned Single Judge of the Karnataka High Court for winding up of the company or on November 6, 1991 when the Division Bench passed the order dismissing O.S.A. No. 16 of 1991 filed by the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , such law will apply over and above the CrPC. Section 65 read with Section 71 of the PMLA further provides that while certain provisions of the CrPC may apply in case there exists no provision in the PMLA, in case of any inconsistency, contradiction or confusion arises, the provisions of the PMLA will prevail and override the provisions of the CrPC. It is otherwise also settled law that special law prevails over general law. The PMLA being a special criminal enactment providing for a separate investigative procedure and power, it is imperative that due meaning and regard is given to the provisions of the PMLA in its totality and the said provisions are allowed to operate in their full force on their own. 31. As far as the reliance of the Petitioners on the judgments is concerned, the Hon'ble Supreme Court in Ashok Munilal Jain (supra) was faced with the situation wherein there existed no provision in the PMLA which would even remotely be relatable to the power exercised by the courts in remanding arrested persons to custody, and therefore, held that Section 167 of the CrPC would apply to arrests made under the PMLA. The Hon'ble Supreme Court had relied on the judgment in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... serves a particular purpose in the context of police stations and the police powers. The said purpose is absent from an investigation under the PMLA which are conducted by high level officers as defined under Section 48 of the PMLA, headed by the Director who is appointed under Section 25 of the Central Vigilance Commission Act. The offices of the Directorate of Enforcement cannot be said to be police station under the meaning of Section 2(s) of the CrPC. It may be noted other persons would be summoned to the office of Directorate of Enforcement during any investigation of proceeds of crime and may also involve summoning any person who may not even be a witness (like officials of bank etc) to be summoned to such offices requiring them to furnish information in connection with the same. If the proviso to Section 160 CrPC is made applicable to Section 50 of the PMLA, the said provision may become unworkable as often women would have to be summoned in order to carry out the functions vested under the Act over and beyond the investigative powers under the Act. Such an interpretation would defeat the very object of the Act. 34. It is further relevant to note that it is settled law th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent case, the Petitioners with regard to mala fide in their written submission, had stated that "The Petitioners have reasonable apprehension that investigation conducted qua them is motivated and mala fide." In light of the settled law of the Hon'ble Apex Court on the subject [Indian Rly. Construction Co. Ltd. v. Ajay Kumar, (2003) 4 SCC 579, Ajit Kumar Nag v. Indian Oil Corpn. Ltd., (2005) 7 SCC 764, Nirmal Jeet Singh Hoon v. Irtiza Hussain, (2010) 14 SCC 564, Ratnagiri Gas and Power (P) Ltd. v. RDS Projects Ltd., (2013) 1 SCC 524], no allegation of mala fide cannot be sustained merely on the basis of a reasonable apprehension and, therefore, this Court will refrain from commenting further on the said issue. The assertion that certain questions were put in a roving and fishing manner to the Petitioners cannot be a ground to allege malafides as it is settled law that investigation is the sole prerogative of the investigating agency as per a long line of judgments starting from King-Emperor Vs. Khwaja Nazir Ahmad, 1944 SCC OnLine PC 29. 38. Further, so far as the allegations of malafides are concerned, the same has no place in criminal investigations. Secondly, it is settled l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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