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TMI Blog2025 (2) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... HELD THAT:- Section 44(1)(d) Explanation (ii) enumerates that "the complaint shall be deemed to include any subsequent complaint in respect of further investigation that may be conducted to bring any further evidence, oral or documentary, against any accused person involved in respect of the offence, for which complaint has already been filed, whether named in the original complaint or not". Although the alleged offence occurred prior to the amendment, impugned summons were issued after insertion of Explanation Clause under Section 44(1)(d)(ii). Therefore, there is no impediment for the authorities to issue summons for the purpose of collecting further information, documents, etc. Courts at no circumstances shall dilute the rigor of inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Laundering Act, 2002 [hereinafter referred as 'PMLA']. 2. The petitioners challenge the summons on the ground that they had responded to the earlier summons issued by the Enforcement Directorate. Therefore, the Enforcement Directorate ought not to have issued the impugned summons. 3. Mr.P.Wilson, learned Senior Counsel appearing on behalf of the petitioners would mainly contend that, on October 16, 2014, the petitioners had submitted a detailed explanation in response to an earlier summon. They provided elaborate and relevant facts, summaries and summarises for consideration before the competent authority. Therefore, the impugned summons, issued after filing complaint in C.C.No.10 of 2018, is untenable. Further, Explanation (ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of the offence, for which complaint has already been filed, whether named in the original complaint or not". 8. The aforesaid Explanation was inserted by the Act 23 of 2019. However, the impugned summon was issued on 29.01.2020, subsequent to the amendment and insertion of Explanation (ii) to Section 44(1)(d). 9. Although the alleged offence occurred prior to the amendment, impugned summons were issued after insertion of Explanation Clause under Section 44(1)(d)(ii). Therefore, there is no impediment for the authorities to issue summons for the purpose of collecting further information, documents, etc. 10. In this context, it is relevant to consider the ratio laid down by the Hon'ble Supreme Court of India in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h proceeds of crime. These ingredients are intrinsic in the original provision (Section 3, as amended until 2013 and were in force till 31.7.2019); and the same has been merely explained and clarified by way of Explanation vide Finance (No.2) Act, 2019. Thus understood, inclusion of Clause (ii) in Explanation inserted in 2019 is of no consequence as it does not alter or enlarge the scope of Section 3 at all." 11. The impugned summons were issued under Section 50(2) and (3) of PMLA, which reads as under: "(2) The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as contemplated under the provisions of PMLA. 15. Therefore, granting any leniency regarding appearance or otherwise, by the Courts based on misplaced sympathy or taking a lenient view, would undoubtedly hamper the investigation process. This would inevitably result in allowing individuals to escape from the clutches of PMLA proceedings, which is undesirable. 16. This exactly is the reason why the Constitutional Courts across the country have time and again reiterated that no petition against notice, summons are entertainable, unless the issuance of such notice or summons is by an authority lacking jurisdiction. Courts are not expected to adjudicate disputed facts in petitions filed against summons or notices. All such disputed factual a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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