JUDGEMENT OF THE HON’BLE SUPREME COURT OF INDIA IN THE CASE TITLED “BINOD KUMAR VS. STATE OF JHARKHAND AND OTHERS, (2011) 03 SC CK 0083” CONCERNING OFFENCES UNDER PREVENTION OF MONEY LAUNDERING ACT

 

Binod Kumar vs. State of Jharkhand and Others, (2011) 03 SC CK 0083

PARA NO. 37 & 46

37. Mr. Raval contended that if the contentions of the Appellant were true, then the sections of the said Act would have been differently worded. He also submitted that the contention of the Appellant on the basis of provisions of Sections 43 to 45 that any of the scheduled offences can only be investigated exclusively by the Enforcement Directorate is not justified and tenable at law. 

46. In written submission it is categorically stated that the Central Bureau of Investigation is investigating into the commission of these offences alone and presently is not investigating any offence under the PML Act as the investigation under the PML Act is solely and exclusively within the jurisdiction and domain of the Enforcement Directorate, which is of course subject to the exercise of powers by the Central Government u/s 45(1A) of the said Act.