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ANISH DAYAL
Arvind Dham – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Anish Dayal, J.
| INDEX | |
| I. | Proceedings before this Court |
| II. | Factual Background |
| III. | Relevant Statutory Provisions |
| IV. | Judicial Precedents Cited |
| V. | Submissions on behalf of Petitioner |
| VI. | Submissions on behalf of Respondent |
| VII. | Analysis |
|
| [VII.A] Relevant Extracts from Case Laws |
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| [VII.A.1] Grounds of Arrest |
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| [VII.A.2] Reasons to Believe |
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| [VII.A.3] Judicial Review |
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| [VII.A.4] No merits review |
|
| [VII.A.5] Inclusion of exculpatory material |
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| [VII.A.6] Need and necessity to arrest |
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| [VII.B] Principles Culled Out |
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| [VII.B.1] On Grounds of Arrest |
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| [VII.B.2] Information to the Accused and Compliance |
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| [VII.B.3] Reasons to Believe |
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| [VII.B.4] Need and Necessity to Arrest |
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| [VII.B.5] Relevance of Exculpatory Material |
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| [VII.B.6] Judicial Review |
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| [VII.B.7] Non-Cooperation of the Petitioner |
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| [VII.B.8] Remand Orders |
|
| [VII.C] Assessment on Facts |
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| [VII.C.1] Grounds of Arr |
The court upheld the legality of the petitioner's arrest under the PMLA, emphasizing the necessity of compliance with statutory safeguards and the scope of judicial review.
The court upheld that arrest under the Prevention of Money Laundering Act was lawful as procedural requirements of Section 19 were sufficiently met, emphasizing limits of judicial review on subjectiv....
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.
The court upheld the legality of the arrest under the Prevention of Money Laundering Act, confirming compliance with statutory requirements, including timely communication of grounds for arrest.
(1) Legality of arrest – Power to arrest is fenced with preconditions and requirements, which must be satisfied prior to arrest of a person.(2) Legality of arrest – Delhi liquor scam – Special Court ....
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 court held that the applicant failed to satisfy the twin conditions for bail under Section 45 of the PMLA, 2002, due to the serious nature of the allegations and the evidence presented.
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