Document Fragment View
Fragment Information
Showing contexts for: PMLA ACT in Tushar Prakash Ajwani vs The Union Of India on 5 March, 2026Matching Fragments
2. The 2nd Respondent filed a detailed counter contending that the Directorate of Enforcement is an investigating agency functioning under the Government of India, Ministry of Finance, and is empowered to investigate matters under the Prevention of Money Laundering Act, 2002 (PMLA) and the Foreign Exchange Management Act, 1999 (FEMA), and that it is the competent authority to investigate offences under the PMLA and FEMA. The 2nd Respondent denies all allegations made in the writ petition except those specifically admitted. 2.1. It is stated, the genesis of the case lies in FIR No. 598 of 2023 dated 23.03.2023 registered at PS Cyber Crime, Hyderabad against unknown suspects under Sections 66(C) and 66(D) of the Information Technology Act and Sections 419 and 420 of the IPC. The FIR was based on a written complaint by Mr. Sai Krishna Kumar NV S/o Late N. Bhaskara Rao alleging that he was cheated in the guise of a "Rate and Review" part- time job offered via Telegram and was defrauded of Rs. 25.48 lakhs. The 2nd Respondent contends that the police investigation in the said FIR is still in progress. 2.2. It is further stated, similar FIRs were registered at multiple police stations under Sections 66(C) and 66(D) of the Information Technology Act and Sections 419 and 420 IPC, wherein cyber fraudsters induced members of the public by offering part-time jobs for reviewing and rating websites, hotels and tourist destinations with promises of high returns, collected huge pre-deposits, and absconded with the funds. The 2nd Respondent contends that cyber scam was committed by unknown fraudsters suspected to be operating from outside India in active connivance with various Indian entities and individuals, some of whom were arrested by PS Cyber Crime in connection with the scheduled offence. It is further contended that the masterminds lured the public by claiming association with Tripadvisor and collected funds in the guise of pre- deposits.
13. The permission granted by the trial Court permitting travel between 13.09.2025 and 31.07.2026 in connection with other criminal proceedings does not automatically bind the Directorate of Enforcement in respect of proceedings under the PMLA. Each authority acts within the scope of its statutory mandate. Mere existence of a travel permission in one proceeding does not extinguish powers of another statutory authority where independent investigation is pending.