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SHEEL NAGU, VIKAS SURI
Gurpreet Singh Sabharwal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sheel Nagu, C.J.
Challenge herein is to the summon issued under Section 50(2) of the Prevention of Money Laundering Act, 2002 (for short ‘the PMLA’) requiring the petitioner, who is an accused in FIR No. 9 dated 25.08.2022, registered at Police Station, State Vigilance Panchkula (SVB), Haryana, under Sections 379, 414, 420 of the Indian Penal Code, 1860 and under Sections 4 and 21 of the Mines and Minerals (Regulation of Development) Act, 1957 and under Sections 13(1)(a) and 13(2) of the Prevention of Corruption Act, 1988, to appear before the Investigating Officer issuing the said summon on 19.07.2024 to give evidence in connection with the said investigation.
2. The sole ground of challenge raised by the petitioner as projected by Shri Vikram Chaudhri, learned senior counsel alongwith Mr. Keshavam Chaudhri, Advocate is that the said impugned summon is hit by the protective shield of Article 20(3) of the Constitution of India wherein the petitioner/accused is protected against divulging any incriminating voluntary statement as a witness against himself.
3. Mr. Vikram Chaudhri, learned senior counsel for the petitioner and Mr. Deepak Balyan, Additional Advocate General, Hary
An accused cannot be compelled to provide self-incriminating evidence under the PMLA due to the protection granted by Article 20(3) of the Constitution.
(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....
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) Immunity against self-incrimination Qualified privilege under proviso to Section 132 of Evidence Act does not grant complete immunity from prosecution to a person who has deposed as a witness and....
The court established that proceedings under the Customs Act for adjudication and prosecution are independent, allowing for simultaneous actions, and that summons issued under Section 108 are valid e....
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....
Money Laundering – After provisional attachment of property under Section 5(1) of Act, 2002, it is incumbent on Adjudicating Authority to issue notice to person whose property has been provisionally ....
The court established that summons under the PMLA can only be challenged on limited grounds, emphasizing the importance of allowing the competent authority to adjudicate the merits of the case.
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