In their petition, the couple had argued that the news of summons being issued was put in public domain even prior to it being served which proved the ED’s mala-fide intentions.
They said that since the petitioners are residents of Kolkata, they can only be examined by ED officers under Section 50 of PMLA at Kolkata.
It was submitted that by virtue of Section 4(2) Code of Criminal Procedure (CrPC) and Section 65 of PMLA, the procedure with respect to arrest, search, seizure, attachment, confiscation and investigation would apply to all investigations under the PMLA.
Therefore, considering the proviso to Section 160 of the CrPC, Rujira Banerjee, being a woman, can only be examined at her residence.
They also stated that under Section 160 of CrPC, a police officer can summon only such persons residing within the limits of their own or adjoining police stations and therefore Section 50 of the PMLA should be read in a manner that ED officer can only summon persons residing within the limits of of their own or adjoining jurisdiction.
Source: Barandbench
