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2023 (10) TMI 1398

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..... I 1316 - SUPREME COURT ] has already ruled that the two provisions, as not ultra vires of the Constitution and that the summons, which have been issued to the petitioner, have become infructuous because of efflux of time, it is opined that the writ application is not maintainable. Hence, we do not entertain the writ application and consider that it is not a fit case to rule nisi the respondents. H .....

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..... e the Chief Minister of the State, has prayed to declare Sections 50 and 63 of the Prevention of Money Laundering Act, 2002, as ultra vires to the Constitution. He has also prayed for issuance of a writ in the nature of mandamus or any other appropriate writ declaring the summons bearing Nos. PMLA/SUMMON/RNZO/2023/450 dated 07.08.2023, PMLA/SUMMON/RNZO/2023/458 dated 18.08.2023, PMLA/SUMMON/RNZO/2 .....

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..... ndia Mr. S.V. Raju. 3) In course of hearing, the Senior Advocate, on last date, appearing for the petitioner would submit that the summons issued to the petitioner are bad in law as it does not indicate whether the petitioner has been summoned as an accused or as a witness. It is also stated by the Senior Advocate representing the petitioner that summons do not reflect the predicate agency or the .....

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..... Senior Advocate for the petitioner would submit that their prayer as far as declaring the provisions of Sections 50 and 63 of the Prevention of Money Laundering Act, 2002 has already been settled by the Hon ble Supreme Court in the aforesaid judgment of Vijay Madanlal Choudhary (supra) and, therefore, this Court does not have any jurisdiction to entertain the writ petition on that ground. 6) Lear .....

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..... itioner, have become infructuous because of efflux of time, we are of the opinion that the writ application is not maintainable. Hence, we do not entertain the writ application and consider that it is not a fit case to rule nisi the respondents. Hence, the writ petition is dismissed in limine. 8) However, there shall be no orders as to costs. 9) Pending Interlocutory Applications, if any, stand di .....

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