Back
SHREE CHANDRASHEKHAR, NAVNEET KUMAR
Hemant Soren, S/o Shri Shibu Soren – Appellant
Versus
Directorate of Enforcement, Government of India – Respondent
JUDGMENT :
Per Shree Chandrashekhar, A.C.J.
After traveling a little topsy-turvy course, this writ petition comes up with the following amended prayers:
(i) The authorised person issuing Summon under Section 50(2) must record in writing the reasons why he considers necessary the attendance of person to whom Summon is issued:
(ii) The writing recording the reason to belief that attendance is necessary before issuance of Summon under Section 50(2) must be dated, sealed and preserved so that the same be made available to the competent Court when called for;
1AA. Declare the arrest and consequent detention of the Petitioner as unwarranted, arbitrary, illegal and violative of the fundamental right of the petitioner guaranteed and protected under Article 21 o
The Enforcement Directorate has broad powers under the Prevention of Money-Laundering Act to summon individuals based on reasonable belief of involvement in money laundering, supported by evidence of....
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 established that for a property to be classified as 'proceeds of crime' under the PMLA, it must be directly linked to a scheduled offense, and mere possession does not suffice to establish ....
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 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.
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 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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
