Indian Kanoon - Search engine for Indian Law

16. Now, we will consider the stage at which the Applicant is before us. Section 2(na) defines 'Investigation' as including all the proceedings under this Act conducted by the Director or by an authority authorised by the Central Government under the Act to collect evidence. The reference is to all Proceedings. It is quite clear that the search carried out under section 17 of the PLMA and impugned summons issued to the Applicant is "investigation" as defined under the PMLA. Thus, by the present application, the Applicant calls upon this court to interdict or interfere with the skn 19 3_APL-625.2021.edited 2.doc investigation under the PMLA. It is therefore imperative to prefix the discussion on the facts and the reliefs with the law on the scope of exercise of powers by the High Court under section 482 of Cr.P.C. in the matters of investigation.

34. Under the PMLA, the Enforcement Directorate is under a duty to carry out the investigation. There is no interim order passed by any court restraining the Enforcement Directorate from proceeding further with the investigation. If the Enforcement skn 38 3_APL-625.2021.edited 2.doc Directorate, in the absence of any restraint, is proceeding further in the performance of its duties, it cannot be called a mala fide exercise of power. Even assuming that issuance of summons coincided with the dates in the court, unless the court specifically restrains the Respondent- Enforcement Directorate from proceeding further, no fault can be found in the officers of the Enforcement Directorate who were performing their duties under the Act. Section 2(na) defines investigation and covers all proceedings under the Act, including the collection of evidence. Section 48 defines the authorities under the PMLA and, therefore, the authority under the Act is carrying out investigation as defined under section 2(na) and has the power to issue summons under section 50(2).

"64. As held by the Supreme Court in a catena of judgments that there is a well-defined and demarcated function in the field of investigation and its subsequent adjudication. It is not the function of the court to monitor the investigation process so long as the investigation does not violate any provision of 16 (2019) 9 SCC 24 skn 47 3_APL-625.2021.edited 2.doc law. It must be left to the discretion of the investigating agency to decide the course of investigation. If the court is to interfere in each and every stage of the investigation and the interrogation of the accused, it would affect the normal course of investigation. It must be left to the investigating agency to proceed in its own manner in interrogation of the accused, nature of questions put to him and the manner of interrogation of the accused."