The Court further emphasised on the separation of powers between organs of government to outline the authority of the ED under the Prevention of Money Laundering Act (PMLA).
The ED is not a super cop to investigate anything and everything which comes into its notice.
Section 48 of the PMLA envisages the authorities under the Act.
Once appointed under the PMLA, they are bound by the restraints imposed on them by the PMLA.
Section 66(2) of PMLA envisages that if the ED is of the opinion that it is having certain materials which constitute a scheduled offence, then in that event, the same should be forwarded to the concerned agency.
The Court further emphasised on the separation of powers between organs of government to outline the authority of the ED under the Prevention of Money Laundering Act (PMLA).
"Law recognizes the requirements of checks and balances. The ED is not a super cop to investigate anything and everything which comes into its notice. Section 48 of the PMLA envisages the authorities under the Act. Once appointed under the PMLA, they are bound by the restraints imposed on them by the PMLA. Section 66(2) of PMLA envisages that if the ED is of the opinion that it is having certain materials which constitute a scheduled offence, then in that event, the same should be forwarded to the concerned agency. The Act does not expressly empower the ED or the authorities under the PMLA to prefer a private complaint in respect of a scheduled offence and on the strength of it, thereafter, take up investigation against the accused therein under the provisions of PMLA."
