Issue of summon cannot be presumed to culminate into arrest of person being summoned

Amit Katyal Vs Directorate of Enforcement (Delhi High Court)

Delhi High Court held that as per the scheme of PMLA that power to issue summons u/s. 50 of PMLA is different from the power to arrest u/s. 19 of PMLA. Further, issuance of summons to join investigation and give some evidence or document to the investigation agency cannot be presumed to culminate into the arrest of person being so summoned.

Facts-

The family of petitioner owns Krrish group of companies and has been in the business of Breweries and Distilleries since the year 1983, and in the real estate business also since 2008.

Since the petitioner‘s distillery was operating in Bihar, the petitioner had started purchasing small chunks of lands/plots in Bihar for the purpose of expansion or storage, in the name of several companies such as M/s In-Shape Health & Resorts Pvt. Ltd., M/s Iceberg Hotel & Resorts Ltd., and M/s AK Infosystem Pvt. Ltd. during the years 2006-2011.

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