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HEMANT CHANDANGOUDAR
Natesha D. B. – Appellant
Versus
Directorate of Enforcement Ministry of Finance and Department of Revenue – Respondent
ORDER (ORAL)
The petitioner, a former Commissioner of the Mysore Urban Development Authority (MUDA), seeks a declaration that the search and seizure conducted at his residence from 28.10.2024 to 29.10.2024, as well as the subsequent statement recorded under Section 17 of the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as the PMLA, 2002), are invalid and illegal. The petitioner further seeks a writ in the nature of Certiorari to quash the issuance of summons dated 29.10.2024 and 06.11.2024, along with the various other statements recorded under Section 50 of the PMLA, 2002. Additionally, the petitioner prays for orders directing the prosecution of the erring officials of the respondent, the Enforcement Directorate (ED), under Section 62 of the PMLA, 2002.
2. The Enforcement Case Information Report (ECIR) dated 01.10.2024 was registered by the respondent based on an FIR filed by the Lokayukta concerning a predicate offence related to the illegal allotment of sites by MUDA during the petitioner’s tenure as Commissioner of MUDA. Pursuant to authorization by the Joint Director of the respondent agency, the Assistant Director conducted a search of the petitioner’s r
Money Laundering – Issuance of summons – PMLA is a self-contained Code and dispensations envisaged thereunder, must prevail – At the stage of issue of summons, the person cannot claim protection unde....
The Enforcement Directorate can issue summons for further investigation under the PMLA Act without prior permission from the Special Court, and this does not violate the accused's rights under Articl....
(1) Money laundering – Law does not mandate taking of prior permission from Magistrate for carrying out further investigation, even after filing of charge-sheet.(2) Mere issuance of summons to accuse....
Section 8 of the PML Act would come into play once the action is taken under Section 17. Sub-section (1) of Section 8 provides that on receipt of complaint, inter alia, under sub-section (4) of Secti....
Mere summons does not constitute a positive action entitling petitioner to question it in a writ petition – Mere charge-sheet or show-cause notice does not give rise to any cause of action.
Sections of CrPC would apply only if the field is not covered, in any manner, by the provisions of the special enactment by way of the PMLA.
(1) Offence of money laundering is an independent offence regarding process or activity connected with proceeds of crime which had been derived or obtained as a result of criminal activity relating t....
The issuance of summons by the ED under Section 50 of the PMLA is part of the lawful investigation and does not amount to legal or factual malice unless the Applicant can establish otherwise.
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