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‘Wrap up PMLA interrogations during day time, avoid stretching it late into night’: ED issues new guidelines to officers

It is expected from the authorised officer that they shall be well prepared with copies of documents to be confronted as well as a questionnaire to examine the person summoned at the appointed date and time.

Enforcement Directorate, ED guidelines, PMLA case, PMLA Sec 50, money laundering, ED investigation, Indian express newsTo comply with these directions, the ED has issued internal guidelines for its officers. (File Photo)

The ED Tuesday issued comprehensive internal guidelines for its officers regarding recording statements under section 50 of PMLA, and said that efforts should be made to record a person’s statement “summoned during office hours rather than stretching it too late at night.”

In its statement, the ED said, “Division bench of Hon’ble High Court of Judicature at Bombay vide its order on April 15 this year in the matter titled ‘Ram Kotumal Issrani vs Directorate of Enforcement’ bearing criminal writ petition of 2023 while upholding the arrest made by the ED under PMLA has directed this Directorate to issue circular/directions, as to timings, for recording statements under Section 50 of PMLA.”

To comply with these directions, the ED has issued internal guidelines for its officers. “It is expected from the authorised officer that they shall be well prepared with copies of documents to be confronted as well as a questionnaire to examine the person summoned at the appointed date and time. The authorised officer while fixing the date and time of the compliance of the summons should ensure that the person so summoned is taken up for examination on appointed time and date without keeping him waiting for hours,” the central agency said in a statement.

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“Considering the nature of offence of money laundering, where a person is able to dissipate, transfer, or conceal crime proceeds and destroy digital evidence, within shortest period of time through online instructions… investigating officers should endeavour to conclude the examination of the person summoned expeditiously, ideally on the same day or the following day. This approach may minimise the opportunity to the person summoned either to transfer or conceal proceeds of crime or to fabricate, make believe and concocted explanations. However, efforts should be made to record statement of a person summoned during earthly hours i.e. during office hours rather than stretching it too late at night,” it said.

“… In exceptional cases, if there is credible information that a person may conceal or dissipate crime proceeds… an authorised officer may extend statement recording beyond regular hours. The officer must document the reason in the case file and obtain approval from the deputy, joint, or additional director,” it said.

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