2014 (11) TMI 1104

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....der P.M.L. Act 2002, Ahmedabad (Rural), Mirzapur, Ahmedabad dated 29th October, 2012. 3. It appears that a complaint has been lodged against the applicants herein for the offence of money laundering punishable under Section 4 of the Act 2002, read with Section 120B of the Indian Penal Code. The complaint has been filed by the Deputy Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue, Government of India in exercise of his powers under Section 45 of the Act 2002. It also appears that it is the First Supplementary complaint dated 29th October, 2014 filed in the Complaint dated 18th July, 2014 in the P.M.L.A Case No.3 of 2014 by the Deputy Director, Enforcement Directorate. 4. In the said complaint the compl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o 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. 603, wherein, the Supreme Court has observed that non bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result. This could be when it is reasonable to believe that the person will not voluntarily appear in court; or the police authorities are unable to find the person to serve him with a summon; or it is considered that the person could harm someone if not placed into custody immediately. 7. The Supreme Court ....