Applying Section 41A CrPC Will Defeat PMLA's Objective : Solicitor General Tells Supreme Court

The Solicitor General of India Tushar Mehta continued his arguments in the Supreme Court on Thursday defending the provisions of the Prevention of Money Laundering Act. P. C., the Court takes cognisance on a police report filing under section 173 while in case of investigation by "authorities" under PMLA, the Court takes cognisance upon a complaint made by an authority; that the PMLA is a complete Code to the extent it provides for the investigative process till the stage of filing of the complaint. P. C. section 170 – Cases to be sent to Magistrate when evidence is sufficient, the SG submitted that PMLA case is a complaint case under the second proviso to sub- section of Section 45. P. C. and provisions of PMLA with regards to information and power of investigation by the police authorities and officers of Enforcement Directorate that the specific provisions have been incorporated in PMLA for investigation, search & seizure, arrest and filing of Prosecution Complaint, accordingly, provisions contained in Chapter XII of Cr. P. C. do not apply to investigation into offences under PMLA except for exception as provided in Section 46 of PMLA that too for the proceedings before the Special Court", it has been submitted.