TaxTMI 
TaxTMI 
2014 (11) TMI 1104
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....h November, 2014. Mr. Soni, the learned APP waives service of notice for and on behalf of the respondent no.2­State of Gujarat. 2. The principal contention raised on behalf of the petitioners is with regard to the legality and validity of the order of issue of warrant passed by the Designated Judge under P.M.L. Act 2002, Ahmedabad (Rural), Mirzapur, Ahmedabad dated 29th October, 2012. 3. It ....
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.... Act 2002 and issue process against the accused persons in accordance with law. The complainant also prayed to direct confiscation of the properties involved in the money laundering in terms of Section 8(5) of P.M.L. Act 2002. The complainant also prayed for issuing non­ bailable warrant in lieu of prosecution against the accused. 5. It appears that the learned Sessions Judge passed an order ....
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.... My attention is drawn to the provisions of Section 87 of the Code of Criminal Procedure which provides for issue of warrant in lieu or in addition to summons. However the condition precedent is assigning reasons in writing. My attention has been drawn to a decision of the Supreme Court in the case of Inder Mohan Goswami and another Vs. State of Uttaranchal and others, reported in 2008 (1) G.L.H. ....
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....s but as a general rule, unless an accused is charged with the commission of an offence of a heinous crime and it is feared that he is likely to tamper or destroy the evidence or is likely to evade the process of law, issuance of non­bailable warrants should be avoided. 8. On a plain reading of the provisions of law as well as the decision of the Supreme Court, it appears prima facie that if ....