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Issues: (i) whether the Enforcement Case Information Report and the connected proceedings could be quashed on the ground that the later ECIR was a parallel or repetitive investigation arising from the same facts; (ii) whether the summons issued under the PMLA and the communication of material under Section 66(2) of the PMLA could be interfered with; (iii) whether the statements recorded under Section 50 of the PMLA were liable to be quashed for want of safeguards against self-incrimination; and (iv) whether the petitioner, being a private and not a public servant, could resist the proceedings under the Prevention of Corruption Act, 1988.
Issue (i): whether the Enforcement Case Information Report and the connected proceedings could be quashed on the ground that the later ECIR was a parallel or repetitive investigation arising from the same facts.
Analysis: The challenge to the later ECIR was held to be premature and unsustainable because an ECIR is an internal document without statutory basis, unlike an FIR. The Court held that, absent a challenge to the predicate offences and in the absence of the ECIR being placed in public domain with demonstrable sameness, it could not be quashed merely on apprehension. The Court also accepted the distinction between the earlier and later predicate offences, noting the allegation of a larger conspiracy and relying on the settled principle that multiple FIRs are permissible where the incidents, offences, or conspiracy angles are distinct.
Conclusion: The challenge to the ECIR and the plea that it amounted to evergreening or parallel investigation failed and was rejected.
Issue (ii): whether the summons issued under the PMLA and the communication of material under Section 66(2) of the PMLA could be interfered with.
Analysis: The Court held that the power to summon under Section 50 of the PMLA forms part of the investigative machinery and cannot ordinarily be interdicted in writ jurisdiction at a pre-trial stage. It further held that Section 66(2) casts a duty on the Enforcement Directorate to share material with the competent law-enforcement agency where cognizable offences emerge, and that registration of an FIR on such information is a legally recognised consequence. The prayer to restrain further coercive action was therefore treated as premature and unsupported by any illegality in the statutory exercise of power.
Conclusion: The challenge to the summons and to the forwarding of information under Section 66(2) failed and was rejected.
Issue (iii): whether the statements recorded under Section 50 of the PMLA were liable to be quashed for want of safeguards against self-incrimination.
Analysis: The Court held that the petitioner had not been formally arraigned as an accused when the statements were recorded, and therefore the protections under Article 20(3) of the Constitution of India and the safeguards applicable to confession of an accused under Section 164(4) of the Code of Criminal Procedure, 1973 were not attracted. It further held that the special scheme of the PMLA, as interpreted by the Supreme Court, does not import Miranda-style warnings or the full procedural regime applicable to police confessions into Section 50 statements. The belated retraction was also not treated as a basis for quashing at this stage.
Conclusion: The request to quash the recorded statements was rejected.
Issue (iv): whether the petitioner, being a private person and not a public servant, could resist the proceedings under the Prevention of Corruption Act, 1988.
Analysis: The Court held that a private person can be proceeded against for aiding, abetting, or conspiring in offences under the Prevention of Corruption Act, 1988, even if not himself a public servant. The alleged role attributed to the petitioner, as reflected in the larger conspiracy allegations, was therefore not a legal bar to the proceedings.
Conclusion: The objection based on the petitioner's status as a private person was rejected.
Final Conclusion: The writ petition was found to be devoid of merit. The Court declined to interfere with the impugned ECIR, the summons, the recorded statements, or the inter-agency communication, and left the parties to proceed in accordance with law.
Ratio Decidendi: An internal ECIR under the PMLA cannot be quashed on mere apprehension of repetition when the predicate offences and alleged conspiracy are distinct, and statements recorded under Section 50 before formal arraignment as an accused do not attract the protections applicable to accused-person confessions under Article 20(3) or Section 164(4) of the Code of Criminal Procedure, 1973.
PMLA investigation powers upheld: ECIR, summons, Section 50 statements, and corruption proceedings against a private person survived challenge.
An internal ECIR under the PMLA cannot be quashed merely on apprehension of repetition where the predicate offences and alleged conspiracy are distinct; the challenge was therefore rejected as premature. Summons issued as part of PMLA investigation and the sharing of material under Section 66(2) were treated as lawful investigative steps, so pre-trial interference was declined. Statements recorded under Section 50 were not quashed because the person was not formally arraigned as an accused when they were taken, and Article 20(3) protections and Section 164(4) CrPC safeguards were held inapplicable at that stage. A private person may also face proceedings for abetment or conspiracy under the Prevention of Corruption Act.
Maintainability of Enforcement Case Information Report and the connected proceedings - Parallel Investigation - institution of Second FIR and consequent proceeding arising out of this FIR on the ground that the communications made by respondent-ED under Section 66(2) of the PMLA have raised overlapping allegation viz-a-viz the FIR - Statements under Section 50 PMLA - Right against self-incrimination - Summons under Section 50 PMLA - Violation of Article 20(3), Article 21, Section 164 CrPC or alleged non-observance of Miranda-type safeguards - Private person liability under the Prevention of Corruption Act. ECIR maintainability - Internal departmental document - Prematurity of challenge - HELD THAT: - The Court held that an ECIR has no statutory status under the PMLA and functions only as an internal departmental document for initiation of inquiry or investigation. Relying on Vijay Madanlal Choudhary [2022 (7) TMI 1316 - SUPREME COURT (LB)], it held that no person can claim, as of right, quashing of such an internal document, except in a case where the predicate offence itself has been quashed. The challenge to ECIR-13 was also found premature because the petitioner's assertion that it merely repeated ECIR-4 rested on conjecture, the document having not entered the public domain or taken the shape of a prosecution complaint. [Paras 38, 39] The prayer for quashing ECIR-13 was rejected as not maintainable and premature. Second FIR - Test of sameness - Distinct scheduled offences - HELD THAT: - Applying the principle in Babubhai [2010 (8) TMI 892 - SUPREME COURT], the Court held that permissibility of a subsequent FIR depends on the facts and on whether the later case concerns the same occurrence or a different incident or crime. It accepted the ED's stand that ECIR-13 arose from FIR No. 05 of 2025, concerned a larger conspiracy, involved additional offences and accused, and was therefore not a mere repetition of the earlier matter. Relying also on Ram Lal Narang [1979 (1) TMI 241 - SUPREME COURT], the Court held that investigation to unearth the conspiracy angle was legally permissible and that institution of ECIR-13 could not be treated as impermissible evergreening of jurisdiction. [Paras 40, 41, 42] The challenge founded on the bar against a second FIR or parallel investigation failed. Statements under Section 50 PMLA - Right against self-incrimination - Section 164 CrPC safeguards - Miranda rights - HELD THAT: - The Court held that the protection against self-incrimination and the safeguards of Section 164(4) CrPC attach to an accused person and not to a person who, at the time of recording of the statement, had not yet been arraigned as an accused. Following Vijay Madanlal Choudhary (supra), it held that authorities under the PMLA are not police officers, and statements recorded by them under Section 50 are not hit by Article 20(3) or Article 21 unless recorded after formal arrest. It further held that Section 164(4) CrPC applies to confessions of an accused and cannot be imported into Section 50 proceedings, and that Miranda rights have no independent legal force in the Indian legal system so as to be grafted into the PMLA. As the petitioner became an accused only later, he could not claim those protections for the earlier statements. The Court also declined to examine the effect of retraction at this stage, leaving that issue open for trial. [Paras 44, 45, 46, 47] The prayer to quash the petitioner's statements recorded on the specified dates was refused. Summons under Section 50 PMLA - Investigative powers - Prematurity of writ challenge - HELD THAT: - The Court held that the power to summon any person whose attendance is considered necessary is expressly conferred by Section 50 and forms part of the statutory process of investigation. Issuance of summons by itself does not infringe any right so as to warrant interference in writ jurisdiction, and courts ordinarily do not interdict statutory investigation at that stage. In view of Vijay Madanlal Choudhary and the principle in Kunisetty Satyanarayana [2006 (11) TMI 543 - SUPREME COURT], the challenge to the summons was held to be premature and devoid of merit. [Paras 48, 49] The prayer to quash the summons dated 09.09.2025 and 15.09.2025 was rejected. Information sharing under Section 66(2) PMLA - Further investigation - HELD THAT: - The Court held that Section 66(2) casts a mandatory obligation on the ED to share information and material with other law-enforcement agencies where necessary for discharge of their statutory functions, and that if the information disclosed cognizable offences, registration of an FIR could follow. It further held that the objection that further investigation required prior permission of the court did not assist the petitioner, since, on the authorities relied on by the Court, such a requirement would arise only in the circumstances discussed there and not at the present stage of the matter. The decisions cited by the petitioner on further investigation were held inapplicable on the facts. [Paras 50, 51] The challenge to the ED's communications under Section 66(2) and to the continuation of investigation on that ground was rejected. Private person liability under the Prevention of Corruption Act - Aiding and abetting corruption offences - HELD THAT: - The Court held that the petitioner's contention that, being a contractor and not a public servant, he could not be proceeded against in relation to offences under the Prevention of Corruption Act was contrary to settled law. Relying on Jitender Kumar Singh [2014 (2) TMI 1401 - SUPREME COURT], it held that even in the absence of a public servant being tried, a private person can be tried for offences under the Prevention of Corruption Act as well as allied non-PC Act offences. [Paras 52] The objection to the proceedings on the ground that the petitioner was not a public servant was rejected. Final Conclusion: The writ petition was dismissed in entirety. The Court held that the challenge to ECIR-13 was not maintainable at that stage, the attack on the petitioner's statements and summons under Section 50 of the PMLA was untenable, and no ground was made out to restrain the ED from continuing investigation in accordance with law.