VidhiSangh

Supreme Court of India · 06/11/2024

DIRECTORATE OF ENFORCEMENT versus BIBHU PRASAD ACHARYA, ETC.

[2024] 11 S.C.R. 510 · 2024 INSC 843

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that Section 197(1) CrPC applies to a complaint under Section 44(1)(b) of the PMLA by virtue of Section 65 of that Act, and that Section 71 does not override CrPC provisions made applicable through Section 65. As the two respondents were civil servants removable by the State Government and the acts alleged were done while purporting to discharge official duty, cognizance taken against them without previous sanction was rightly quashed.

Issues

  1. Whether the requirement of previous sanction under Section 197(1) CrPC applies to a complaint for money laundering under Section 44(1)(b) of the PMLA, or is excluded by Section 71 of the PMLA.
  2. Whether a civil servant on deputation as Vice Chairman and Managing Director of a State Government corporation is a public servant removable only by or with the sanction of the Government.
  3. Whether the acts alleged against the respondents were committed while acting or purporting to act in the discharge of their official duty.
  4. Whether the plea of want of sanction could be decided after cognizance, without waiting for trial.

Provisions considered

Held

Result

Appeals by the Directorate of Enforcement dismissed. Orders of cognizance set aside only as against the two respondents; cognizance against the other accused unaffected; liberty to the appellant to seek cognizance afresh against the respondents if sanction under Section 197(1) CrPC is granted, subject to their legal and factual objections.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 510.