Rekhamol K. C. W/o Suresh K. G. v. State of Kerala
2025-05-27
P.V.KUNHIKRISHNAN
body2025
DigiLaw.ai
JUDGMENT : 1. The above writ petition (Crl) is filed with following prayers : “I. Issue a Writ of Mandamus by directing the Respondents 1-6 and 12th Respondent to forthwith comply with Section 29 and 30 of the Banning of Unregulated Deposit Schemes Act of 2019 (BUDS Act), whereby handing over the investigation to the 13th Respondent. II. Issue a Writ of Mandamus by directing the Respondents 1-6 to accept all and any complaints/representations made against Respondents 7-11 and upon those complaints/representations containing allegations of financial transactions to forthwith transmit them to 12th Respondent. III. Issue a Writ of Mandamus by directing the 13th Respondent to submit the investigation details including the proceedings of investigation before this Honorable Court on every fortnight so as to enable this Honorable Court to monitor the said investigation. IV. Issue a Writ of Mandamus by directing the Respondents 1 and 2 to ensure that officers under them strictly comply with the section 29 of the Banning of Unregulated Deposit Schemes Act of 2019 (BUDS Act). V. Issue such other Writ, direction or order as this Honorable Court may deem fit in the facts and circumstances of the case.” [sic] 2. The main prayer in this writ petition is to issue a direction to respondent Nos. 3 to 6 to comply Sec. 29 of the Banning of Unregulated Deposit Schemes Act of 2019 (BUDS Act) and thereby directing the 13 th respondent to comply with Sec.30 of the BUDS Act. 3. Heard the learned counsel for the petitioners, Senior Public Prosecutor and also the Standing Counsel appearing for the CBI. 4. The short point raised by the petitioners is that in the light of Secs.29 and 30 of the BUDS Act, the case is to be referred to the CBI. It will be better to extract Secs.29 and 30 of the BUDS Act. “29. Competent Authority to be informed of offences — The police officer shall, on recording information about the commission of an offence under this Act, inform the same to the Competent Authority. 30.
It will be better to extract Secs.29 and 30 of the BUDS Act. “29. Competent Authority to be informed of offences — The police officer shall, on recording information about the commission of an offence under this Act, inform the same to the Competent Authority. 30. Investigation of offences by Central Bureau of Investigation: (1) On receipt of information under section 29 or otherwise, if the Competent Authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which— (a) the depositors, deposit takers or properties involved are located in more than one State or Union territory in India or outside India; (b) the total value of the amount involved is of such magnitude as to significantly affect the public interest, the Competent Authority shall refer the matter to the Central Government for investigation by the Central Bureau of Investigation. (2) The reference made by the Competent Authority under sub-section (1) shall be deemed to be with the consent of the State Government under section 6 of the Delhi Special Police Establishment Act, 1946 (25 of 1946). (3) On the receipt of the reference under sub-section (1), the Central Government may transfer the investigation of the offence to the Central Bureau of Investigation under section 5 of the Delhi Special Police Establishment Act, 1946 (25 of 1946).” 5. Sec.29 of the BUDS Act says that the police officer shall, on recording information about the commission of an offence under this Act, inform the same to the Competent Authority. According to the Prosecutor, the same is already informed to the competent authority. Then comes Sec. 30 of the BUDS Act. As per Sec. 30 of the BUDS Act, on receipt of information under section 29 or otherwise, if the Competent Authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which the depositors, deposit takers or properties involved are located in more than one State or Union territory in India or outside India and the total value of the amount involved is of such magnitude as to significantly affect the public interest, the Competent Authority shall refer the matter to the Central Government for investigation by the Central Bureau of Investigation. Therefore, the twin conditions in Sec. 30 (1)(a) & (b) are to be complied for referring the matter to the Central Government.
Therefore, the twin conditions in Sec. 30 (1)(a) & (b) are to be complied for referring the matter to the Central Government. According to the Public Prosecutor, as on today, the twin conditions from Secs.30 (1)(a) & (b) are not satisfied and that is why the matter is not referred to the Central Government. I am of the considered opinion that this writ petition need not be retained here. If the competent authority, after investigation found that the twin conditions in Secs. 30 (1)(a) & (b) are satisfied, the competent authority shall refer the matter to the Central Government, in accordance to Sec. 30 of the BUDS Act. It is up to the Central Government to decide whether the matter is to be entrusted to the CBI. The competent authority will do the needful, strictly in accordance to the BUDS Act, as expeditiously as possible. With the above observation, this writ petition (Crl) is disposed of.