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| The Tax Publishers 2022 TaxPub(CL) 2840 (SC) : (2022) 173 SCL 0131 PREVENTION OF MONEY LAUNDERING ACT, 2002
Section 3
Where an FIR was lodged against petitioner for offences punishable under PMLA, 2002 and summons were issued to petitioner by ED seeking his personal appearance for an investigation, since issues involved in instant matter were also pending consideration in the case titled as Nalini Chidambaram v. Directorate of Enforcement [SLP (Civil) Nos. 19275-19276 of 2018], the Registry was directed to place papers of both matters before Chief Justice of India so that both matters could be placed before appropriate Bench.
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Offence of money laundering - Issuance of summons seeking personal appearance of accused - Issues involved in present matter pending consideration in another case too - Directions given to place both matters before Chief Justice of India
An FIR was registered against petitioner/accused for being involved in huge money laundering case related to a coal company named ECL. After examination, the respondent/Enforcement Directorate (ED) issued summons to accused seeking his personal appearance. The accused requested to ED that the investigation qua him be conducted in Kolkata or via video-conferencing, as he was a permanent resident of Kolkata and the ED had a functional zonal office at Kolkata. Held: Since issues involved in the present matter were also pending consideration in case titled Nalini Chidambaram v. Directorate of Enforcement [SLP (Civil) Nos. 19275-19276 of 2018], the Registry was directed to place papers of both matters before the Chief Justice of India so that both matters could be placed before the appropriate Bench. Pending further consideration, directions were passed that it would be open to ED to require attendance of petitioner in its office situated at Kolkata by giving at least 24 hours' notice. Simultaneously, notices should also be issued to the Commissioner of Police, Kolkata and the Chief Secretary, State of West Bengal so that adequate police protection was afforded to persons seeking to examine or interrogate the petitioner.
REFERRED : Nalini Chidambaram v. Directorate of Enforcement [SLP (Civil) Nos. 19275-19276 of 2018]
FAVOUR : Directions given
A.Y. :
IN THE SUPREME COURT OF INDIA
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