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TMI Blog2023 (9) TMI 1676X X X X Extracts X X X X X X X X Extracts X X X X ..... al provision and states that a person, who is being summoned for investigation must be provided with a written notice specifying the nature and the reasons for it. While the said provision does not explicitly use the term " Probable cause", it emphasizes the importance of providing valid reasons and grounds for summoning an individual. The purpose of this provision is to protect the right of the person being summoned and ensure that investigation is not arbitrary. The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness. LOC cannot be issued solely on the ground that the petitioner has not provided information to the convenience and satisfaction of the respondent No. 2, and in the absence of any material that the petitioner was aware of the transactions between his father and one Mr. Hanish Patel, the petitioner cannot be repeatedly summoned to give information to suit the convenience of the prosecution - It is well established in law that a person can be summoned to give statements during the course of investigation only when there exists a reasona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ceded to, the petitioner was compelled to approach this court in W.P. No. 30/2023. During the pendency of the writ petition, the petitioner was issued with summons to appear on 24.02.2023. The W.P. No. 30/2023 was disposed of reserving liberty as set out in para 15 of the order and direction was issued to complete the investigation insofar it relates to the petitioner within an outer limit of six weeks, and thereafter the respondent no. 3 shall consider the representation submitted by the petitioner for withdraw of the LOC. 8. Despite the order passed by this court, the 3rd respondent did not consider the request of the petitioner. However, the email was sent to the petitioner calling upon him to be present on 11.05.2023. In furtherance of the email received, the petitioner appeared before the court on 11.05.2023 and his further statement was recorded. The six weeks time granted by this court to complete the investigation against the petitioner expired on 30.04.2023. Thereafter the 3rd respondent issued the impugned order rejecting the submitted by the petitioner for withdrawal of the LOC on 09.06.2023. 9. Sandesh J. Chouta, learned senior counsel would make the following submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... others 13. Considered the submissions made by the learned counsel for the parties. 14. The primary issue before this court is whether the summoning of the petitioner under section 50 of PMLA on suspicion alone is legally permissible. 15. The concept to issue Look-out circular is to secure a person against whom the cognizable offence is registered. It is well settled law that the LOC can be issued under the following circumstances: a) In a cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing before the Trial Court despite Non Bailable Warrant (NBW) and other coercive measures, and the accused is not participating in the trial, and every likelihood of the accused leaving the country. In exceptional circumstances, the LOC can be issued against the witness, in the event, he does not cooperate with the investigation. 16. In the instant case, there is no cognizable offence registered against the petitioner nor a non-bailable warrant is issued against the petitioner. The petitioner is summoned solely on the ground that his brother has been implicated as an accused in the scheduled offences and under the PMLA, and also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticle 20(3) of Constitution of India." (Emphasis supplied) 20. The Petitioner was summoned under Section 50 of the PMLA, 2002, on several occasions, and in pursuance of the same, he appeared and his statement was recorded, and in the statement so recorded, nothing incriminating is elicited to summon him for further investigation. LOC cannot be issued solely on the ground that the petitioner has not provided information to the convenience and satisfaction of the respondent No. 2, and in the absence of any material that the petitioner was aware of the transactions between his father and one Mr. Hanish Patel, the petitioner cannot be repeatedly summoned to give information to suit the convenience of the prosecution. 21. It is well established in law that a person can be summoned to give statements during the course of investigation only when there exists a reasonable ground to believe that the said person has knowledge or information with regard to the commission of a crime. The principle of reasonable suspicion/ probable cause is fundamental to the criminal justice system and it ensures that persons are not subjected to investigation or summoned to give statements during the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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