Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act Multi-crore scam |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act, 1988: ss. 7, 10, 11, 13(2) r. w. s.13(1)(e); Penal Code, 1860 - ss.409, 420, 423, 424, 465 and 120-B - Multi-crore scam - Corruption in the matter of grant of iron ore mining lease - Various former minister including a former Chief Minister of the State involved. Allegation against the appellant also - Investment alleged to have been made in the property, shares etc. not only in India, but, also abroad - Basic investigation requiring determination as to whether the money was acquired by an abuse of the official position amounting to any offence under the 1988 Act and under IPC, the persons by whom this was done, the amount which was so earned and places where it was invested. No clear a/legations as regards money laundering - High Court held that there was an area of overlap and the same cannot be allowed to form a tool in the hands of the accused to scuttle the investigation - Looking to the gravity and magnitude of the matter, High Court referred the matter to the Central Bureau of Investigation (CBI) and also observed that the Central Government should exercise the powers u/ s.45(1 A) of the PMP Act for transferring investigation from the Enforcement Directorate (ED) to the CBI and if such an order is not passed by the Central Government, any material found by the CBI during investigation, which would lead to an inference of money laundering within the PML Act would be shared by the CBI with the ED from time to time to enable the ED to take such action as may be necessary- On appeal, held: It was categorically stated that the CBI was investigating into the commission of offences under /PC and Prevention of Corruption Act alone and was not investigating any offence under the PML Act as the investigation under the PML Act was solely and exclusively within the jurisdiction and domain of the ED , which was of course subject to the exercise of powers by the Central Government u/s.45(1-A) - There is no provision restricting the investigation of offence other than that of money laundering by any appropriate investigating agency. On consideration of the totality of the facts and circumstances, no interference with the orders of the High Court called for - Prevention of Money Laundering Act, 2002, s.45 (1A). |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2011 INSC 234 |
Petitioner | Binod Kumar |
Respondent | State Of Jharkhand And Ors. |
SCR | [2011] 4 S.C.R. 646 |
Judgement Date | 2011-03-29 |
Case Number | 2689 |
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