PMLA investigative summons upheld where statutory power allowed production of records during inquiry despite no final report yet.

During a PMLA investigation, the competent authority may summon any person and require production of records under Section 50(2) whenever attendance is considered necessary to give evidence or produce documents. The argument that summons could not issue until a final report was filed in the underlying criminal cases was rejected, because the statutory power operates during investigation itself. The court also distinguished earlier authority relating to attachment of property under Section 5(1), which did not govern investigative summons. Objections based on Articles 14 and 21 did not negate the statutory power, and the summons was held to be within jurisdiction, so the writ petition failed.

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Issues: Whether, during an investigation under the Prevention of Money Laundering Act, 2002, the competent authority had power to summon the petitioner and require production of records, and whether the writ petition challenging such summons was liable to be entertained.

Analysis: The summons was issued in the course of an investigation initiated on the basis of registered crimes and an ECIR. The challenge that no summons could be issued until filing of a final report in the criminal cases was rejected, as the statutory power under Section 50(2) authorises the competent authority to summon any person whose attendance is considered necessary to give evidence or produce records during any investigation or proceeding under the Act. The Court distinguished the earlier decision relied on by the petitioner, noting that it dealt with attachment of property and the scope of Section 5(1) as it then stood, whereas the present case concerned investigative summons and not attachment. It was also held that the petitioner's objection under Articles 14 and 21 did not invalidate the statutory power exercised during investigation.

Conclusion: The summons was held to be within jurisdiction and the writ petition failed.

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