Law Relating to CBI and ED (with Latest Case Law)

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Description
This is the second edition which is revised after release of first edition. Special investigation agencies like CBI & ED are entrusted with the task of investigating specialized category of cases. Where CBI is entrusted to investigate all types of cases, ED is empowered to investigate the Economic offences relating to offence of money laundering and other allied offences. Though the investigation done by these two agencies are under different enactments, but the line of investigation will be common if the case pertains to economic offence. In almost all cases there will be a joint trial of cases launched by CBI & ED. In the recent past, the prosecutions launched by CBI & ED are increasing at an alarming rate. But some new issues are cropping up and ultimately Constitutional Courts are solving the issues. In a recent Judgment in the case of KANWAL TANUJ VIS STATE OF BIHAR & ORS 2020 AIR(SC) 2023, 2020 Law Suit(SC), offence was committed at Delhi. A question arose about the Jurisdiction of the Courts to take cognizance of offence and to proceed with the case and also about obtaining consent from the State of Bilhar also arose. Ultimately it was held by Apex Court that the consent of the State of Bihar to investigate such offence is not required in law and for which reason, the special police force would be competent to carry on the investigation thereof even if one of the accused allegedly involved inthe commission of stated offence happens to be resident of the State of Bihar and allegedly committed associated offences in that capacity. of Bihar or employed in connection with the affairs of the Government It was clarified that consent of the State under Section 6 cannot come in the way or constrict the jurisdiction of the special police force constituted under Section 2 to investigate specified offences under Section 3 of the 1946 Act committed within the Union Territories.
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Table of Contents
1. The Prevention of Corruption Act, 1988
2. The Delhi Special Police Establishment Act, 1946
3. Constitution of India, 1950
4. The Central Vigilance Commision Act, 2003
5. Prevention of Money-Laundering Act, 2002
6. The Pprevention  of Money-Laudering (The Manner of Forward a Copy of the Order of Provisional
     Attachment of Property alongwith the Material, and Copy of the Reasons alonwith the Matrial in
     Respect of Survey, to the Adjudicating Authority and its Period of Retention) Rules, 2005
7. The Prevention of Money-Laudering (Receipt and Management of Confscated Properties) Rules, 2005
8. The Prevention of Money-Laudering (Maintenance of Records) Rules, 2005
9. The Prevention of Money-Laundering (Forms, Search and Seizure and the Manner of Foreward
     the Reasons and Material to the Adjucating Authority, Impounding and Custody of Records
      and the period of Retention ) Rules, 2005
10. The Prevention Of Money-Laundering Authenticated Outside India) Rules, 2005
11. The Prevention Of Money-Laundering (Appeal) Rules, 2005
12. The Prevention Of Money-Laundering (Issuance Of Provisional Attachment Order) Rules, 2013
13. The Prevention Of Money-Laundering (Taking Possession Of Attached Or Frozen
       Properties Confirmed By The Adjudicating Authority) Rules, 2013
14. The Prevention Of Money-Laundering (Restoration Of Confiscated Property) Rules, 2016
15. Adjudicating Authority (Procedure) Regulations, 2013
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Author Details
P.S.P. Suresh Kumar, Advocate, High Court of Andra Pradesh & High Court of Telangana