TaxTMI 
TaxTMI 
2016 (8) TMI 1176
X X X X Extracts X X X X
X X X X Extracts X X X X
....ng to read down the scope and ambit of Section 50 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PMLA') and questioning the admissibility of the statements recorded in terms of sub-section (2) thereof. Reference in this context is being made to the judgment of Hon'ble Supreme Court "Noor Aga vs. State of Punjab, (2008) 16 SCC 417"; "Nirmal Singh Pehalwan @....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s. Union of India, (2011) 14 SCC 1" to argue that Excise & Customs Officers carrying out investigations under the Central Excise Act and Customs Act were held to be bound to follow the procedure as contemplated under Section 155 Cr.P.C. prior to commencement of the investigations though they were not police officers. 3. It is also urged that even if the offences under PMLA are construed as cogniz....
X X X X Extracts X X X X
X X X X Extracts X X X X
....h and others versus Union of India bearing CWP No. 3317 of 2015 dated 22.12.2015", wherein, the issue as to whether the offences under the Act are cognizable or non-cognizable and the procedure under Cr.P.C. to be followed has been extensively dealt with and the claim of the petitioners therein has been rejected. 6. It is pointed out that the judgment in Karam Singh's case is per incuriam as ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....that the same prescribe a separate procedure than Cr.P.C., is erroneous as even if the said Rules prescribe Form of Arrest Order, summons etc., there is no provision in PMLA which would prescribe a procedure for investigating either a cognizable or a non-cognizable offence. Thus, it is urged that by virtue of Section 4(2) and 5 of Cr.P.C. read with Section 65 and 71 of PMLA, the provisions contain....