Tamil Nadu State Marketing Corporation Limited Vs Directorate of Enforcement (Madras High Court)
Enforcement Directorate search at Tamil Nadu State Marketing Corporation cannot be termed as harassment: Madras High Court
Madras High Court held that search conducted by Directorate of Enforcement at Tamil Nadu State Marketing Corporation Ltd [TASMAC] under the Prevention of Money Laundering Act is lawful and cannot be termed as harassment.
Facts- The writ petition has been filed by the Tamil Nadu State Marketing Corporation Limited (TASMAC), seeking the issuance of writ of mandamus, to direct the respondent, their men, employees, subordinates, agents or any other persons claiming or acting through or under them not to harass the officials/employees of the petitioner under the guise of investigation under the Prevention of Money Laundering Act, 2002.
Conclusion- A raid or a search by an investigating agency must be discreetly planned and executed to ensure that the offenders are caught off guard. In the present case, it is argued that the petitioner employees were asked to stay and that their mobile phones were seized and hence they were unable to contact their family. But that is how normally a surprise check is conducted. How can an investigating agency conduct a fair and safe search if all the employees are allowed to leave the premises. Any reasonable man would know that if the employees are allowed to go, there is high chance of destruction or concealment of evidence, which would defeat the very purpose of such a search. It is a due process of law, which is well within the ambit of Article 21, that the employees be detained to prevent any untoward methods that may be aimed to sabotage the investigation. This cannot be termed as harassment.
