Family-linked property purchases using fabricated loan agreements and benami-style arrangements held to be crime proceeds; attachment upheld, appeal d...
Non-bailable warrants issued against a person summoned under Section 50 PMLA were quashed on the ground that the Special Court lacked jurisdiction under Section 73 CrPC. Section 73 permits warrants only against a convict, proclaimed offender, or a person accused of a non-bailable offence who is evading arrest; here the person was consistently shown as a "witness" in summons and MLAT material, and there was no finding that he was an accused or absconding. Non-compliance with Section 50 summons could at best attract prosecution under Section 174 IPC, not issuance of warrants without meeting Section 73 prerequisites. The impugned order was set aside and the petition was allowed - HC
Non-bailable warrants issued against a person summoned under Section 50 PMLA were quashed on the ground that the Special Court lacked jurisdiction under Section 73 CrPC. Section 73 permits warrants only against a convict, proclaimed offender, or a person accused of a non-bailable offence who is evading arrest; here the person was consistently shown as a "witness" in summons and MLAT material, and there was no finding that he was an accused or absconding. Non-compliance with Section 50 summons could at best attract prosecution under Section 174 IPC, not issuance of warrants without meeting Section 73 prerequisites. The impugned order was set aside and the petition was allowed - HC
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