PMLA does not exclude other agencies from conducting investigations into offences mentioned in schedule of PMLA: HC

Case Details: Dr. Vijay Kumar Sharma v. Deputy Commissioner of Police, Economic Offence Wing - [2021] 130 taxmann.com 424 (Delhi)

Judiciary and Counsel Details

• • Subramonium Prasad, J.
  • Praveen Chaturvedi, Adv. for the Petitioner. 
  • Avi Singh, ASC, Tanuj Bhadana, Adv. and Amit Mahajan, CGSSC for the Respondent.

Facts of the Case

In the instant case, the petitioner filed instant writ stating that the matter being investigated by EOW was already being undertaken by Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), and thus, conducting the parallel investigation would amount to infringement of his fundamental rights under article 20 of Constitution of India.

High Court Held

Since, prosecution for offences under the Indian Penal Code (IPC) and offences mentioned in the schedule of PMLA, under which petitioner was charged, were entirely different and mutually exclusive, it could not be said that by conducting a parallel investigation. Consequently, the rights of the petitioner under article 20 would be infringed and therefore, the instant writ filed by the petitioner was to be dismissed.