AI Overview...
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Same Authorising Director as Registering Authority under Section 17 PMLA - Under the Prevention of Money Laundering Act, 2002 (PMLA), the authority to act under Section 17 (search and seizure) is vested in the Director or officers authorized by the Central Government, such as Deputy or Assistant Directors. The registration of ECIR (akin to FIR under PMLA) is typically carried out by these authorized officers, and the same authority or officer is often involved in subsequent proceedings, including investigations and attachments Zameer Ahmed Khan S/o Late Ziaulla Khan VS State Of Karnataka - Karnataka, Megala VS State represented by Deputy Director, Directorate of Enforcement, Chennai - Madras.
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Authority and Registration of ECIR - The registration of ECIR (Enforcement Case Information Report) is not necessarily required to be done by the same officer who authorizes or conducts searches under Section 17. However, the Director or designated officers (Deputy/Assistant Directors) are the primary authorities for issuing authorizations and initiating investigations under PMLA Zameer Ahmed Khan S/o Late Ziaulla Khan VS State Of Karnataka - Karnataka, Megala VS State represented by Deputy Director, Directorate of Enforcement, Chennai - Madras.
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Role of Director and Officers under PMLA - The Director and officers not below the rank of Deputy Director are authorized to issue provisional attachments and conduct searches, and they play a central role in the investigation process. The same authority often registers the ECIR and executes subsequent actions, but statutory provisions do not explicitly mandate that the registering officer must be the same as the authorizing officer under Section 17 Vijay Madanlal Choudhary VS Union of India - Supreme Court.
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Legal and Procedural Safeguards - The PMLA provides broad powers to designated officers, but these powers are subject to procedural safeguards, including prior approval for searches and attachments, and adherence to legal procedures under the Code of Criminal Procedure (Cr.P.C.) Represented by its Assistant Director Hyderabad Zonal Unit VS Kamma Srinivasa Rao - Telangana, Directorate of Enforcement Represented by its Assistant Director Hyderabad Zonal Unit VS Kamma Srinivasa Rao - Telangana, Hemant Soren, S/o Shri Shibu Soren VS Directorate of Enforcement, Government of India - Jharkhand.
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Judicial Perspectives - Courts have emphasized that the powers under PMLA are broad but require compliance with procedural safeguards. The authority to register ECIR and carry out investigations is typically vested in the same or similarly authorized officers, ensuring accountability and procedural integrity Zameer Ahmed Khan S/o Late Ziaulla Khan VS State Of Karnataka - Karnataka, Megala VS State represented by Deputy Director, Directorate of Enforcement, Chennai - Madras.
Analysis and Conclusion:
While the law empowers designated officers (including the Director or Deputy Directors) to carry out searches, attachments, and investigations under PMLA, it does not explicitly require the same officer to be the one registering the ECIR. In practice, the same authority or officers of equivalent rank often perform both functions to ensure procedural coherence. The key requirement is adherence to statutory procedures and safeguards, regardless of whether the same officer registers the ECIR and authorizes actions under Section 17. Therefore, the authorizing director need not be the same as the officer registering the ECIR, provided that proper authorization and procedural safeguards are followed Zameer Ahmed Khan S/o Late Ziaulla Khan VS State Of Karnataka - Karnataka, Vijay Madanlal Choudhary VS Union of India - Supreme Court, Megala VS State represented by Deputy Director, Directorate of Enforcement, Chennai - Madras.
References: - Zameer Ahmed Khan S/o Late Ziaulla Khan VS State Of Karnataka - Karnataka - Vijay Madanlal Choudhary VS Union of India - Supreme Court - Represented by its Assistant Director Hyderabad Zonal Unit VS Kamma Srinivasa Rao - Telangana - Directorate of Enforcement Represented by its Assistant Director Hyderabad Zonal Unit VS Kamma Srinivasa Rao - Telangana - Hemant Soren, S/o Shri Shibu Soren VS Directorate of Enforcement, Government of India - Jharkhand - Anil Tuteja S/o Late H.L.Tuteja vs Directorate Of Enforcement Through Assistant Director E.D. Raipur Zonal Office Raipur District - Raipur (C.G.) - Chhattisgarh - The Deputy Director ED (AHD) vs Sameer Maheshwari & Ors - Appellate Tribunal for Forfeited Property - Megala VS State represented by Deputy Director, Directorate of Enforcement, Chennai - Madras - D. K. Shivakumar S/o Late Shri S. K. Kempegowda VS Central Bureau of Investigation, Bengaluru - Karnataka - DEEPAK DUARY vs STATE OF CHHATTISGARH - Chhattisgarh
Search Results for "Authorising Director Must be same as Director Registering Ecir Section 17 Pmla"
2023 0 Supreme(Kar) 536 • India - Karnataka
M. NAGAPRASANNA
of information by the Director or any other authority for necessary action if the provisions of any other law are contravened. ... Ratio Decidendi: A preliminary inquiry is conducted before registering a crime under the Prevention of Corruption ... Prevention of Corruption Act, 1988 - Sections 13(1)(b), 13(2) - The court examines the provisions of Section 13 ... (2) If the Director or other authority specified under sub-section (1) is of the opinion, on the basis of information or ma....
2022 7 Supreme 193 • India - Supreme Court
A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
Only Director and officers not below rank of Deputy Director can issue provisional attachment order – Authorised officer cannot ... 2002 Act is a self contained Code wherein inbuilt safeguards are present – Only Director and officers not below rank of Deputy Director ... provisional attachment copy of order to be forward to Adjudicating Authority – 2015 amendment has rightfully removed requirement of registering ... With respect to search, it is submitted that Section 165 of the Cr.P.C....
2022 0 Supreme(Telangana) 2 • India - Telangana
K.LAKSHMAN
41-A of Cr.P.C. before arresting a person under Section 19 of PMLA - Whether Designated Court can return a remand application - ... - Section 45 of PMLA, law laid down by Supreme Court, facts of case and nature of allegations, Court could not, prima facie, satisfy ... Code of Criminal Procedure, 1973 - Section 41, 41-A , 167, 438, 482 – Indian Penal Code, 1860 - Sections ... Under Sub-section (1) of Section 19 of PMLA, the specified....
2022 0 Supreme(Telangana) 135 • India - Telangana
K. LAKSHMAN
41-A of Cr.P.C. before arresting a person under Section 19 of PMLA - Whether Designated Court can return a remand application - ... - Section 45 of PMLA, law laid down by Supreme Court, facts of case and nature of allegations, Court could not, prima facie, satisfy ... Code of Criminal Procedure, 1973 - Section 41, 41-A , 167, 438, 482 - Indian Penal Code, 1860 - Sections ... Under Sub-section (1) of Section 19 of PMLA, the specified....
2024 0 Supreme(Jhk) 428 • India - Jharkhand
SHREE CHANDRASHEKHAR, NAVNEET KUMAR
(A) Prevention of Money-Laundering Act, 2002 - Section 50(2) - Writ petition challenging summons issued ... (Paras 1-41) (B) Jurisdiction of ED - The court reaffirmed that the ED's powers under the PMLA are broad and ... The power vested in the Director, etc. under sub-section (2) of section 50 is of wide amplitude and is intended to give effect to the object behind the PMLA. ... (2) The Director, Deputy Director, Assistant Director#HL_END....
2025 0 Supreme(Chh) 161 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Arvind Kumar Verma, J
(Paras 1-62) ... ... (B) Right to Bail - Conditions under Section 45 of PMLA - Court must be satisfied ... (A) Prevention of Money Laundering Act, 2002 - Sections 3 and 4 - Bhartiya Nagrik Suraksha Sanhita, 2023 - Section 483 - Application ... Applicant, a retired IAS officer, arrested for alleged involvement in a liquor scam causing loss of over Rs. 2000 crores - Previous ECIR ... He submits that no attempt has been made to initiate any legal action against the distillers including ....
2025 Supreme(Online)(ATFP) 131 • India - Appellate Tribunal for Forfeited Property
) ... ... (C) Evidence and burden of proof - The court emphasized that the burden of proof rests with the accused party under Section ... (A) Prevention of Money Laundering Act, 2002 - Sections 17, 20, and 21 - Adjudicative Authority's procedure for retaining seized ... Adjudicating Authority found that the Directorate failed to adhere to the mandated procedures under Sections 17(2), 20, and 21 by ... Since, Sections 120-B read with 420 of the erstwhile IPC and Sections#HL....
2023 0 Supreme(Mad) 2000 • India - Madras
J. NISHA BANU, D. BHARATHA CHAKRAVARTHY
Section 19 (1) of Prevention of Money Laundering Act 2002 (“PMLA 2002”) reads as follows: “If the Director, Deputy Director, Assistant Director or any other officer authorised in this behalf by the Central Government by general or special order ... Section 17 (1) of the PMLA, 2002 were carried out at the premises of Sh. V Senthil Balaji and others on 13.06.2023. By virtue of section 17(2) of the ....
2023 0 Supreme(Kar) 497 • India - Karnataka
K. NATARAJAN
15, 66, 73) ... ... (B) Investigation legality - The need for prior approval under Section ... (A) Constitution of India - Articles 226 and 227 - Prevention of Corruption Act, 1988 - Sections 13 (1)(e) and 13 (2) - Quashing ... Further contended, the contention of the petitioner that registering of the ECIR and taken up the investigation no barring on the investigation taken by the CBI and the PMLA Act, and the offence under PC Act, are independent and distinct from one another. ... The Principal #HL_....
2024 Supreme(Online)(CHH) 11887 • India - High Court of Chhattisgarh
Shri Justice Arvind Kumar Verma, J
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483(1) - Prevention of Corruption Act - Sections 7 & 12 - Indian Penal Code ... - Sections 420, 467, 468, 471, 120-B - Bail application - Allegations of involvement in a liquor syndicate and economic offences ... The Asisstant District Excise Officer Janardhan Kaurav working under Shri Arunpati Tripathi, CSMCL, Managing Director used to give information to the applicant about the transport of vehicles to the distilleries and also informed to Vikas Agrawal through Soh....
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