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BIBEK CHAUDHURI
Ajay Singh – Appellant
Versus
Directorate of Enforcement, through the Director – Respondent
Bibek Chaudhuri, J.—The instant writ petition has been filed for the following reliefs:—
“(i) To issue an appropriate writ, order or direction for declaring the arrest of Petitioner on 28.09.2024 in connection with ECIR/PTZO/07/2022 dated 10.01.2022 read with Addendum ECIR dated 04.06.2023 and 09.11.2023 registered by Directorate of Enforcement, Patna Zonal Office, as wholly illegal and arbitrary in nature and in violation of Section 19 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "PMLA")
(ii) This Hon'ble Court may adjudicate and hold that since the arrest of the Petitioner by the Directorate of Enforcement is illegal and in violation of section 19 of PMLA, the consequential orders of remand passed by Learned Special Court, PMLA, Patna dated 28.09.2024 and 05.10.2024 and all other future orders extending the remand of the Petitioner are also illegal.
(iii) To issue a further appropriate writ, order or direction for the forthwith release of the Petitioner from judicial custody.
(iv) This Hon'ble Court may award the cost of litigation and suitable compensation to the Petitioner for the loss and damages caused on account of the illegal and arbitrary actions
Money Laundering – Power to arrest under Section 19 (1) of PMLA is not for the purpose of investigation – Arrest can and should wait and power in terms of Section 19(1) of PMLA can be exercised only ....
The court ruled that the arrest of the petitioner was unlawful due to insufficient evidence linking him to illegal mining, which is not a scheduled offence under the Prevention of Money Laundering Ac....
The necessity of providing documented 'reasons to believe' at the time of arrest under Section 19 of PMLA is a statutory requirement that must be adhered to for the arrest to be lawful.
Judicial review of PMLA arrests limited to procedural compliance; 'reasons to believe' under s.19 valid on prima facie material like seized assets, statements; no need for naming in predicate FIRs; o....
The main legal point established is that the petitioner's qualification under the triple test of Section 45 of the PMLA, the timing of the FIR registration, and the petitioner's health condition were....
The court established the statutory right of the enforcement agency to conduct further investigation and file subsequent complaints without seeking prior permission, as empowered by the provisions of....
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
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