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2015 Supreme(P&H) 2320

S.J.VAZIFDAR, G.S.SANDHAWALIA
Karam Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Vikram Chaudhary, Senior Advocate with Ms. Ishya Goyal, Advocate, and Mr. Anurag Chopra, Advocate.
For the Respondents:D.D. Sharma and Suresh Batra, Advocates

JUDGMENT :

G.S. SANDHAWALIA, J.

1. This judgment shall dispose of three Civil Writ Petitions bearing CWP Nos. 3317, 3314 & 1418 of 2015, since the questions of law are common between the parties. However, to dictate orders, facts have been taken from CWP No. 3317 of 2015 titled Karam Singh & others v. Union of India & others.

2. Challenge in the present writ petition, as per the amended primary prayer, is to the ECIR No.CDZO/05 dated 25/03/2013 (Annexure P37), vide which, the Assistant Director of the Directorate of Enforcement (for short the 'ED') has registered a case under Sections 3 & 4 of the Prevention of the Money Laundering Act, 2002 (for short, the 'PMLA'). The ancillary challenge is further to the summons issued to the petitioners by the officers of the ED under Section 50 (2) & (3) of the PMLA on the ground that the offences are non-cognisable in nature and in the absence of any prior sanction/order of a Magistrate, the investigation being conducted by the said authorities, is not justified. Prayer has also been made that if the offences are cognisable, then investigation be done by some other authorities/officers, appointed/authorised than respondents No.2 to 4 and direct





























































































































































































































































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