The Calcutta High Court has held that the officer of the Enforcement Directorate are not police officers and the investigation probe by them is only an inquiry and not an investigation.
Division Bench of the Calcutta High Court comprising Chief Justice Prakash Shrivastava and Justice Ananya Bandyopadhyay while hearing an appeal filed by ED, refused the contention of the appellant that the single judge did not have jurisdiction to protect Menka Gambhir a Thai National from summons issued to her by them.
The bench held that "Hon’ble Supreme Court in the matter of Vijay Madanlal Choudhary and Others vs. Union of India and Others reported in 2022 SCC OnLine SC 929 has settled that the process envisaged by Section 50 of the PMLA is in nature of inquiry against the proceeds of crime and is not “investigation” in strict sense of the term for initiating prosecution and the authorities under the PMLA are not police officers as such."
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