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TMI Blog2022 (11) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... s) : Mr. Sachin Saraswat ORDER 1. Instant petition preferred under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') lays challenge to summons dated 31.08.2022 issued by the Assistant Director, PMLA, Directorate of Enforcement, Ministry of Finance, Government of India, Jaipur under the provisions of the Prevention of Money-Laundering Act, 2002 (hereinafter ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lled and the list of documents to be produced, whereas the impugned summons does not conform to the mandatory provisions and hence, liable to be quashed. 4. While arguing that pursuant to first summons issued to the petitioner, his brother has filed a detailed reply along with all the documents, learned counsel argued that issuance of second summons to the petitioner is arbitrary exercise of powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... financial institution or a company, and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (2) The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power to summon any perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obligation to honour the summons. Nor does it take away right of the authorised officer to call upon the petitioner to appear before him. 9. Petitioner's argument that the summons issued to the petitioner which does not append the schedule and list of documents is illegal, is preposterous. The Rule cannot be read mechanically, if the respondent No.2 does not require production of any document or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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