High Court of Punjab and HaryanaCRM-W/204/2016disposed of

P.D. Agroprocessors Pvt Ltd & ORS v. Directorate Of Enforcement

2016-07-27Bench- 4,Mr. Justice A.K. Sikri2 pages

CRM-W. No. 204 of 2016 IN CRWP No. 984 of 2016 ...

P.D. Agro Processors (P) Ltd v.

Directorate of Enforcement, and others.

Through Assistant Director, PMLA, Mumbai.

...

Present:

Mr. Vikram Chaudhary, Sr. Advocate, with Mr. Chetan Dayal and Ms. Madhu Dayal, Advocates, for applicant-petitioners.

...

This is an application filed by the petitioners praying for stay of operations of the summons (Annexure P-13) whereby in purported exercise of powers under Section 15(2) of the Prevention of Money Laundering Act, 2002, (in short, the PMLA), the respondent has summoned petitioner No.2 for recording his statement even after a complaint has been filed against him before the learned trial Court and cognizance has been taken thereupon.

Heard the submissions made by the learned senior counsel for the petitioners.

We have already clarified the legal position in the order passed by us on 25.7.2016. On appearance of the petitioner No.2 at the post cognizance stage, the trial Court would be bound to accept the bail bond/surety bond to its satisfaction under Section 88 of the Code of Criminal Procedure, without taking the petitioner in custody and to pass appropriate orders on the same day. Petitioner No. 2 shall accordingly appear before the trial Court on 28.7.2016 to avail his right on furnishing bail bond/surety bond for further appearance. Let petitioner No.2 appear on 29.7.2016 in response to the summons issued by the Directorate of Enforcement but it is made clear that JAGJIT SINGH 2016.07.27 14:50 I attest to the accuracy and authenticity y of this document High Court, Chandigarh

CRM-W. No. 204 of 2016 -2IN CRWP No. 984 of 2016 the question of any arrest under Section 19 of the Act ibid does not arise at the post cognizance stage.

Thus, declining the prayer for stay of operation of the summons (Annexure P-13) issued, the application is disposed of accordingly. Copy of the order be given dasti, attested under the signatures of Bench Secretary.

( M. JEYAPAUL ) JUDGE July 27, 2016 ( SNEH PRASHAR ) JS JUDGE JAGJIT SINGH 2016.07.27 14:50 I attest to the accuracy and authenticity y of this document High Court, Chandigarh