Pmla Justices SM Subramaniam and M Jothiraman said in an order passed on Thursday.
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Tamil Nadu
ED can issue summons in money-laundering cases even after filing chargesheet, says Madras HC
“This court does not find any infirmity in issuing the summons under section 50 (2) (3) after the complaint was filed,”
Madras High Court
Madras High Court (File Photo| EPS)
R Sivakumar
Updated on:
29 Nov 2024, 8:03 am
2 min read
CHENNAI: The Madras High Court has ruled that the Enforcement Directorate (ED) is empowered to issue summons to the accused as part of further investigations even after the complaint (equivalent to a chargesheet for an FIR) is filed in the jurisdictional court in a case of money laundering.
“This court does not find any infirmity in issuing the summons under section 50 (2) (3) after the complaint was filed,” a division bench of Justices SM Subramaniam and M Jothiraman said in an order passed on Thursday.
The ruling was issued while dismissing petitions filed by P Palanichamy of PRP Granites and two others, who were booked by the ED in 2013 for money laundering as part of the granite quarrying scam, praying for quashing the summons issued in 2020.
The petitioners approached the court challenging the summons stating that they had already complied with the summons but the agency is issuing it again and again seeking the same documents of the properties.
They also contended that the agency cannot issue the summons by using the powers under the amendment made in 2019 to insert section 44 1 d (ii) providing for further investigation when the complaint in this case was filed in the court a year before the amendment came into existence.
However, special public prosecutor for ED Rajnish Pathiyil submitted that the money laundering is a continuing offence and so the agency is empowered to issue summons under section 50 (2) of PMLA for holding further investigations even after the complaint is filed.
The bench reasoned that since the summons was issued in a case, where the complaint was filed before the amendment came into existence, it cannot be said to be ‘infirm’.
Citing the judgment in Vijay Madanlal case, the bench observed that the offence of money laundering is a ‘continuing offence’ and the power to conduct further investigation is akin to section 173 (8) of CrPC is inserted and therefore, this court does not find any infirmity for conducting further investigation by issuing summons to any person under section 50 (2) of PMLA.
Sand mining case: Public secretary told to appear before court
Chennai: Peeved at the failure of government pleaders to represent the public secretary in a case relating to the ED issuing summons to collectors in connection with illegal sand mining, the Madras HC has ordered the secretary to appear before the court on Friday.
A division bench of Justices SM Subramaniam and M Jothiraman issued the orders on Thursday after noticing none of the pleaders appeared for the officer when the petitions came up for hearing. The bench said the public secretary shall appear before court on Friday and inform who is representing him in the case.
Additional Solicitor General ARL Sundaresan, appearing for ED, informed the court that nothing survives in the case since the collectors had appeared before the agency following an order of the SC which ruled against the division bench’s order staying the summons.
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