time been arrested in connection with
such investigation or proceeding."
Section 2 (a) of the Act defines 'measurements' as including 'finger ... stage of investigation, it is
necessary to see how the Code defines 'investigation'. Section 2 (h) of the
Code is material. It reads
Submission on behalf of the Union of India :
The term investigation as defined in Section 2(na) of the
PMLA should be read in consonance ... such directions is
embedded in the powers of conducting 'investigation' as
defined in the PMLA which includes 'all proceedings under
bonafide of investigating agency or some of the officers entrusted with the investigation or part of thereof, are now a days viewed with suspicion ... sheer technical ground.
12(i) Sec. 2(h) of CrPC defines "investigation" and it includes all the proceedings under the Code of Criminal
effective
investigation. Mr. Vyas would submit that section 2(na) defines
the term "investigation". The definition is an inclusive one and,
therefore, would ... order issued under Chapter III.
Section 2(na) defines the term investigation as under :
investigation includes all the proceedings under this
Act conducted
course of investigation. The challenge mounted by the
petitioners on such powers of the authorities is therefore,
erroneous. The term investigation as defined in section ... issue such directions is ingrained in
the powers of conducting investigation as defined in the PMLA
which includes all proceedings under
criminals then
their international counter parts.
Section 2(d) of the PMLA defines attachment as under :
attachment mean prohibition of transfer,
conversion, disposition or movement ... order issued under Chapter III.
Section 2(na) defines the term investigation as under :
investigation includes all the proceedings under this
Act conducted
though it
may not be possible to lay down any precise, clearly
defined and sufficiently channelised and inflexible
guidelines or rigid formulate and to give ... accompanying the FIR do not
disclose a cognizable offence, justifying an investigation
by police officers under Section 156(1) of the Code
except under
investigation by the police
takes place. To ensure that a "proper investigation" takes place
in the sense of a fair and just investigation ... this judgment, Section 2(h) of the 1973
Criminal Procedure Code defines "investigation" in the same
terms as the earlier definition contained
Usmanbhai Chandbhai Mansuri vs State Of Gujarat And Anr. on 8 May, 2003
Equivalent citations
Magistrate to ensure a proper investigation
which, without doubt, would include the ordering
of further investigation after a report is
received by him under Section ... definition of
"investigation" under Section 2(h) .
13. It is apposite to refer to "Investigation"
define in Section 2(h) reads