The Madras High Court has observed that the Enforcement Directorate (ED) was not “drone” to attack the willpower, nor was it a “super police” to check anything and everything that comes in its notice.
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A division bench of Justice Ms. Ramesh and Justice vs Laxminarayanan, while hearing the petition by RKM Powerjen Private Limited in the city, visited the city, in which the ED was challenged in connection with the PMLA case.
The ED action came on the basis of an FIR registered by the CBI in 2014, which was earlier on the allocation of coal blocks for a power plant in Chhattisgarh.
The agency filed a closure report in 2017, stating that it did not find any irregularity in the allocation of coal blocks.
The CBI court did not agree with the closure report and wanted further investigation in some aspects.
In 2023, the CBI filed a supplementary final report, which found that there was a sufficiently enhancing material to the prosecution under the prevention of IPC classes and corruption act.
Later, the ED discovered the directors in the premises and caught companies associated with RKMP. A cold order was passed on January 31,2025, in which the deposits were set up by the ED for the amount of Rs 901 crore. The company challenged the said order and the court separated it.
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The bench said that a careful rebellion of Section 66 (2) of the PMLA says that if during investigation, the ED comes to violate other provisions of the law, it could not even accept the role of investigating those crimes.
This is to inform the appropriate agency, which is empowered by the law to investigate the crime. If she starts an investigation from the agency, ED on intimacy and files a complaint, the ED can definitely investigate those aspects, provided “the income of crime”.
“In the case, the investigation agency does not get any case in relation to the aspects stated by the ED, then the ED cannot proceed with the investigation and considers the powers. The ED required the ED required to seize the jurisdiction. The presence of a scripture crime. It is like a limit to a ship.
It further stated that an observation of the papers shows that no complaint was filed regarding any of the above alleged criminal activities. “ED is not a super police to check anything and everything that comes in its notice.” There should be a “criminal activity” that attracts the PMLA to the schedule, and due to such criminal activity, the income of crime should have been said, it was said
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