Mahavir Kumar v. State Of Punjab And Others
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,%%! 5It is, therefore, respectfully prayed that this Hon'ble Court may kindly be pleased to issue appropriate directions to the respondent No. 3, to investigate into the complaint Annexure P"28 dated 23.09.2022, submitted by the petitioner, for the purpose of prosecuting the respondent No. 4, under the provisions of "The Prevention of Money"Laundering Act, 2002" for having indulged into acquisition/purchase of atleast 25 immovable properties in the name of his son, mother"in"law, and other relatives, totally disproportionate to his known sources of income and having purchased those properties, with the funds obtained through corruption by misusing his office as Judicial Officer, in the interest of justice."
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;"# # $ '#( 54.5 With respect to investigation of offence of money laundering, ED is a premier agency, which specially has been nominated to investigate the offences involving money laundering. This agency can not be equated with other prosecuting agencies to try offence under the various other penal provisions. As per the provisions of the PMLA, as mentioned in Chapter VII of PMLA, the "Authority" mentioned in these provisions has been described under Section 48, which includes only the officers or the ED and other class of officers as may be appointed for the purposes of the Act. Thus, no where the complainant/informant or any private person has been authorized or empowered.
Under Section 45(1A) of the PMLA, unless specifically authorized by the Central Government, no Police Officer is authorized to investigate an offence. Under Section 5 (1)(ab) the attachment of property involved in money laundering is permissible only if the twin conditions, namely, any person is in possession of any proceeds of crime and such proceeds of crime are likely to be concealed, transferred or dealt with in any manner, which may result in frustrating any proceeding relating to confiscation of such proceeds of crime is apprehended.
4.6 In these circumstances, it is reasonable to conclude that ED has discretion to investigate or refuse to investigate. The Constitutional Court is not expected to interfere in that discretion unless any serious offence impacting the life of public at large or in the public interest is involved and the Court concludes that discretion has not been appropriately exercised. The ED cannot be equated with other investigating agency and the Court is not expected to direct ED to take up each and every case where offence of money laundering is suspected. The Constitutional Court is not expected to issue writs without analyzing its impact."
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