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Supreme Court of India 2024-09-09 dismissed

ABHISHEK BANERJEE & ANR vs DIRECTORATE OF ENFORCEMENT

Bench: 2 — Bela M. Trivedi, Satish Chandra Sharma

In Brief

The Supreme Court dismissed two appeals challenging summons issued by the Directorate of Enforcement (ED) under Section 50 of the Prevention of Money Laundering Act (PMLA) and a criminal complaint for non-compliance. The appellants, including a Member of Parliament and his wife, argued that PMLA summons should follow Criminal Procedure Code requirements, including territorial limits and special protections for women. The Court held that PMLA is self-contained and prevails over the CrPC. Section 50 summons are not restricted by CrPC safeguards. The inquiry under PMLA is not prosecution and persons cannot claim constitutional protection at the summoning stage. Where proceeds have nexus with the territory of summons, jurisdiction exists. Non-compliance can lead to prosecution under Section 174 IPC. The appeals were dismissed.

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Criminal Procedure Money Laundering Procedural Rights Constitutional Law Fundamental Rights Police Powers Investigation Procedure Statutory Interpretation

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