Persons summoned by ED are bound to attend in person or through authorized agents: Supreme Court
The Supreme Court on Monday while rejecting an appeal titled as ABHISHEK BANERJEE AND ANR. Versus DIRECTORATE OF ENFORCEMENT observed that person summoned by the Enforcement Directorate (ED) under Section 50 of the Prevention of Money Laundering Act (PMLA) is bound to appear before the agency in person or through an authorised agent.
The Court noted that as per the sub-section (3) of Section 50, all the persons summoned are bound to attend in person or through authorized agents as the officer may direct and are bound to state the truth upon any subject respecting which they are examined or make statements, and to produce the documents as may be required. As per sub-section (4) thereof every proceeding under sub-sections (2) and (3) is deemed to be a Judicial proceeding within the meaning of Section 193 and Section 228 of the IPC.
The Court also said that as per Section 63 (4) of the PMLA, a person who intentionally disobeys any direction issued under Section 50 is liable to be proceeded against under Section 174 of the IPC.
The Court therefore found no illegality in the notice issued by the Court of Chief Judicial Magistrate, Patiala House Courts, New Delhi under Section 63 PMLA r/w Section 174 IPC.