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CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering

A Special Court in India, trying an offence punishable under section 4, wants a summons to an accused to be served at a place in a contracting State. What must the Special Court do under section 59 of the PMLA?

The Special Court must send the summons in duplicate, in the prescribed form, to the Court, Judge or Magistrate in the contracting State through authorities notified by the Central Government, and that foreign authority then has it executed. Direct service by Indian officers is not the route.

  1. AServe it directly through its own officers in that foreign State
  2. BSend the summons in duplicate, in the prescribed form, to the foreign Court, Judge or Magistrate through authorities the Central Government specifies by notificationCorrect
  3. CRequest the Enforcement Directorate to publish it in the Official Gazette of the foreign State
  4. DSend a single copy by post to the accused without involving any foreign Court

Explanation

Section 59(1) requires the Special Court to send the summons or warrant in duplicate, in the specified form, to the Court, Judge or Magistrate in the contracting State through authorities notified by the Central Government. That foreign authority then causes execution. Direct service or postal service is not the prescribed route.

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