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TMI Blog2010 (3) TMI 1274X X X X Extracts X X X X X X X X Extracts X X X X ..... at on the basis of complaint from one Shri Kumar Vinod, a vigilance case was registered by the Vigilance Department being Vigilance Case No. 26 of 2008 corresponding to Special Case No. 32 of 2008 for contravention of Sections 406, 409, 420, 423, 424, 465, 120B of the Indian Penal Code and Section 11/13 of the Prevention of Corruption Act against the petitioner and others. On the basis of the said complaint, the Director of Vigilance has drawn up an Enforcement Case being ECIR No. ECIR/01/PAT/09/AD against the petitioner and others under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 and a copy of the same was forwarded to the Addl. Judicial Commissioner (Special Court), Ranchi. It appears that the abovementio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proviso (a) of Sub-section (2) of Section 167 Cr.P.C. Learned Counsel submitted that a separate complaint filed by the Investigating Officer being Complaint Case No. 01 of 2009 cannot and shall not be treated as a police report as required under Section 173(2) of the Code. According to the learned Counsel, police report and complaint are not synonymous to each other, inasmuch as a police report as defined under the Code means report forwarded by the Police Officer to a Magistrate under Sub-section (2) of Section 173 of the Code, whereas a complaint as defined in Sub-section 2(d) of Section 173 means any allegations made to a Magistrate with a view of his taking action under the Code. Lastly, learned Counsel submitted that admittedly no poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssistant Director, investigation, offence of cross border implication etc. Section 2(na) defines the word 'investigation' as under: (na) 'investigation' includes all the proceeding under this Act conducted by the Director or by an authority authorized by the Central Government under this Act for the collection of evidence. 8. Section 3 and 4 deals with the offence of money laundering which reads as under: 3. Offence of money-laundering- whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds or crime and projecting it as untainted property shall be guilty of offence of money-laundering. 4. Puni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confers power to the special Courts only to try offences punishable under Section 4 of the Act. Section 44 reads as under: 44. Offences triable by Special Courts - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) the schedule offence and the offence punishable under Section 4 shall be triable only by the Special Court constituted for the area in which the offence has been committed; Provided that the Special Court , trying a schedule offence before the commencement of this Act, shall continue to try such scheduled offence, or (b) a Special Court may, upon a complaint made by an authority authorised in this behalf under this Act take cognizance of the offence for which the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake cognizance of any offence punishable under Section 4 except upon a complaint in writing made by- (i) the Director; or (ii) any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government. (1-A) Notwithstanding anything contained in the Code of Criminal procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorized, by the Central Government by a general or special order, and subject to such conditions as may be prescribed; (2) The limitation on granting of bail specified in Sub-section (1) is in addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint made by an authority authorized in that behalf under the Act. Further Section 45 of the Act put restrictions in the release of the persons on bail unless conditions mentioned therein are fulfilled. It further provides that special Court shall not take cognizance of any offence under Section 4 except on a complaint made by the Director or any Officer authorized by the Central Government or the State Government. Sub-section (1-A) of Section 45 specifically provides that notwithstanding the provisions contained in the Code of Criminal Procedure, no police officer shall investigate into an offence under the Act unless specifically authorized by the Central Government by a general or special order. The provisions of the Act has been gi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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