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2019 Supreme(J&K) 380

Ahsan Ahmad Mirza – Appellant
Versus
Enforcement Directorate – Respondent


Advocates Appeared:
For the Petitioner:Mr. Shariq J. Reyaz, Advocate
For the Respondents: Mr. T.M. Shamsi ASGI

JUDGMENT :

1. The petitioners, three in number, who have been served with summons issued by the Directorate of Enforcement, Government of India in exercise of powers conferred under Sub-Sections (2) and (3) of Section 50 of Prevention of Money Laundering Act,2002 (hereinafter ‘PMLA’ for short) for their appearance and recording of statements, have invoked the extraordinary writ jurisdiction of this Court to declare the proceedings initiated by the respondents under PMLA without jurisdiction and non-est in the eye of law.

2. The writ petition is primarily based on the ground that the designated authority under PMLA has no jurisdiction, power or authority to initiate any proceedings under PMLA against the petitioners and issue summons under Sub-Sections (2) and (3) of Section 50 of PMLA. It is urged that the commission of a scheduled offence is a sine qua non for attracting the applicability of PMLA and the offences, the petitioners are sought to be charged with, being the offences punishable under Sections 406 and 409 RPC are not the scheduled offences enumerated in Schedule A of PMLA. The offence of criminal conspiracy punishable under Section 120-B RPC without predicate offence bein

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