TaxTMI 
TaxTMI 
2010 (3) TMI 1274
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....hers. On the basis of the said complaint, the Director of Vigilance has drawn up an Enforcement Case being ECIR No. ECIR/01/PAT/09/AD against the petitioner and others under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 and a copy of the same was forwarded to the Addl. Judicial Commissioner (Special Court), Ranchi. It appears that the abovementioned case under Section 3 and 4 of the Prevention of Money Laundering Act, 2002 was lodged on 4.9.2009 by the Assistant Director-II, the Directorate of Enforcement and he took up the investigation as an Investigating Officer of the case. In the meantime, the petitioner was remanded to judicial custody on 13.10.2009. On 22.12.2009, a petition was filed by the petitioner before the Special Court in the aforesaid ECIR case praying therein to release the petitioner on bail on the ground that the petitioner was remanded to judicial custody on 13.10.2009 and 60 days expired on 12.12.2009 and still the Investigating Officer of the case has not submitted police report as required under Section 173(2) of the Cr.P.C. against the petitioner. The said petition was rejected by the Special Court holding that the Investigati....
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....ring Act 2002 which came into force in 2005 was enacted by the Parliament to prevent money laundering and to provide for confiscation of property derived from and also for matters connected therewith or incidental thereto. The Act undergone amendment in 2005 and lastly in 2009. The Act is a special statute enacted by the Parliament to implement political declaration adopted by special Session of United Nations in General Assembly held in the year 1999. 7. Section 2 defines various words including adjudicating authority, Assistant Director, investigation, offence of cross border implication etc. Section 2(na) defines the word 'investigation' as under: (na) 'investigation' includes all the proceeding under this Act conducted by the Director or by an authority authorized by the Central Government under this Act for the collection of evidence. 8. Section 3 and 4 deals with the offence of money laundering which reads as under: 3. Offence of money-laundering- whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds or crime and pr....
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.... trial (2) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under Section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court may exercise such powers including the power under Clause (b) of Sub-section (1) of that section as if the reference to "Magistrate" in that section includes also a reference to a "Special Court" designated under Section 43. 11. Section 45 deals with offences which are cognizable and non-bailable. It is very relevant and important provision which is worth to be quoted herein below: 45. Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not....
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....ealing with the offences are regulated by the provisions contained in the said Act. Section 44(1b) clearly provides that cognizance for the offence punishable under the Act shall be taken only upon a complaint made by an authority authorized in that behalf under the Act. Further Section 45 of the Act put restrictions in the release of the persons on bail unless conditions mentioned therein are fulfilled. It further provides that special Court shall not take cognizance of any offence under Section 4 except on a complaint made by the Director or any Officer authorized by the Central Government or the State Government. Sub-section (1-A) of Section 45 specifically provides that notwithstanding the provisions contained in the Code of Criminal Procedure, no police officer shall investigate into an offence under the Act unless specifically authorized by the Central Government by a general or special order. The provisions of the Act has been given over-riding effect upon any other law and further categorically mentioned that any provision of Code of Criminal Procedure which are inconsistent with the provision of the this Act which deals with attachment, confiscation, investigation and pros....