Supreme Court: Section 50 of PML Act is not violative of Article 20(3) or Article 21 of the Constitution.

 The above ratio laid down in Vijay Madanlal clinches the contentions raised by the learned Counsels for the Appellants with regard to the provisions of Section 50 being violative of Article 20(3) or Article 21 of the Constitution, and we need not further elaborate the same, nor do we need to deal with the decisions of this Court on the said issue which have already been dealt with in Vijay Madanlal. Suffice it to say that Section 50 enables the authorized Authority to issue summon to any person whose attendance he considers necessary for giving evidence or to produce any records during the course of the proceedings under the Act, and that the persons so summoned is bound to attend in person or through authorized agent, and to state truth upon the subject concerning which he is being examined or is expected to make statement and produce documents as may be required by virtue of Sub-section (3) of Section 50. At the stage of issue of summons, the person cannot claim protection Under Article 20(3) of the Constitution, the same being not "testimonial compulsion". At the stage of recording of statement of a person for the purpose of inquiring into the relevant facts in connection with the property being proceeds of crime, is not an investigation for prosecution as such. The summons can be issued even to witnesses in the inquiry so conducted by the authorized officers. The consequences of Article 20(3) of the Constitution or Section 25 of the Evidence Act may come into play only if the involvement of such person (noticee) is revealed and his or her statements is recorded after a formal arrest by the ED official. In our opinion, the learned Counsels for the Appellants have sought to reagitate the issues which have already been settled in Vijay Madanlal.

{Para 19}

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 2221-2222 of 2023

Decided On: 09.09.2024

Abhishek Banerjee and Ors. Vs. Directorate of Enforcement

Hon'ble Judges/Coram:

Bela M. Trivedi and S.C. Sharma, JJ.

Author: Bela M. Trivedi, J.

Citation:  MANU/SC/0991/2024,2024 INSC 668.

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