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Issues: (i) Whether the writ petition was maintainable for quashing the show cause notice on the ground of non-recording and non-communication of reasons when a statutory appeal was available; (ii) Whether the writ petition could be entertained on the grievance regarding non-furnishing of certified copies and records.
Issue (i): Whether the writ petition was maintainable for quashing the show cause notice on the ground of non-recording and non-communication of reasons when a statutory appeal was available.
Analysis: The notice was issued under Section 8 of the Prevention of Money-Laundering Act, 2002. The Court held that any grievance as to the absence of recorded reasons or their non-communication had to be pursued before the Appellate Tribunal under Section 26 of the Act. The existence of an efficacious statutory remedy barred direct invocation of writ jurisdiction. The Court also noted that the appellate remedy under Section 42 remained available against any adverse order of the Tribunal.
Conclusion: The writ petition was not maintainable on this ground, and the petitioner was relegated to the statutory appellate remedy.
Issue (ii): Whether the writ petition could be entertained on the grievance regarding non-furnishing of certified copies and records.
Analysis: The Court held that non-supply of the order sheet or other documents did not justify quashing of the notice. The grievance could be addressed by applying in the prescribed form for certified copies and by seeking inspection of records under the applicable regulations. The Court therefore treated this as a matter capable of redress through the statutory procedure rather than writ intervention.
Conclusion: The request for quashing was declined, and the petitioner was left to pursue the prescribed procedural remedies.
Final Conclusion: The petition was disposed of without interfering with the show cause notice, while preserving the petitioner's liberty to pursue the statutory appeal and other prescribed remedies.
Ratio Decidendi: Where an effective statutory appeal is available, a writ petition challenging a show cause notice on procedural grounds will ordinarily not be entertained, and the aggrieved party must first pursue the remedy provided by the statute.