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1 - 5 of 5 (0.27 seconds)Section 6 in The National Investigation Agency Act, 2008 [Entire Act]
Section 7 in The National Investigation Agency Act, 2008 [Entire Act]
Serious Fraud Investigation Office vs Rahul Modi on 27 March, 2019
2. Learned Counsel for the Petitioner states that the short question which
arises for consideration before this Court is whether there can be two
parallel agencies investigating the very same offence or not. He draws
attention of this Court to a Judgment passed by the Apex Court in Serious
Fraud Investigation Office v. Rahul Modi, (2019) 5 SCC 266 wherein the
Apex Court has observed as under:
Kazilhendup Dorji vs Central Bureau Of Investigation on 29 March, 1994
33. The very expression "assign" in Section 212(3)
of the 2013 Act contemplates transfer of investigation
for all purposes whereafter the original investigating
agencies of the Central Government or any State
Government are completely denuded of any power to
conduct and complete the investigation in respect of
the offences contemplated therein. The idea under sub-
section (2) is complete transfer of investigation. The
transfer under sub-section (2) of Section 213 would not
stand revoked or recalled in any contingency. If a time-
limit is construed and contemplated within which the
investigation must be completed then logically, the
provisions would have dealt with as to what must
happen if the time-limit is not adhered to. The statute
must also have contemplated a situation that a valid
investigation undertaken by any investigating agency
of the Central Government or the State Government
which was transferred to SFIO, must then be
retransferred to the said investigating agencies. But the
statute does not contemplate that. The transfer is
irrevocable and cannot be recalled in any manner.
Once assigned, SFIO continues to have the power to
conduct and complete investigation [ The decision of
this Court in Kazi Lhendup Dorji v. CBI, 1994 Supp
(2) SCC 116, para 16 : 1994 SCC (Cri) 873, though in
a different situation, laid down that consent once given
CRL.M.C. 3061/2024 etc. Page 7 of 8
This is a digitally signed order.
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