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SUDEEPTI SHARMA, SURESHWAR THAKUR
Pranav Gupta – Appellant
Versus
Union of India – Respondent
Judgment
Mr. Sureshwar Thakur, J.
Since both the writ petitions arise from a common FIR, besides when in both the writ petitions a challenge is made to the remand orders made by the learned trial Judge concerned. Moreover, when in both the writ petitions a common relief is espoused qua the petitioners becoming released from judicial custody, therefore, both the writ petitions are amenable for becoming decided through a common verdict.
2. The petitioners became arrested and also became remanded to judicial custody through an order made on 28.10.2023, by the Remandee Court concerned. Therefore, it has to be determined whether the arrest of the petitioners was terms of the relevant provisions embodied in Sections 17-A, 18(1), and, in Section 19(1) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as “the Act of 2002”).
3. In the above regard, it is necessary to hereinafter extract the provisions (supra), which do become extracted hereinafter.
“17. Search and seizure.-- (1) xxx
(a) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept;”
“18. Search of persons.-- (1) If an au
The court determined that the unlawful restraint of the petitioners on 27.10.2023 constituted an illegal arrest, rendering the subsequent remand orders void.
Mandatory compliance with Section 19 of the Prevention of Money-Laundering Act is essential; failure to comply renders arrest and subsequent proceedings illegal.
The requirement to inform an arrested person of the grounds for arrest and to ensure access to legal representation is a mandatory constitutional safeguard under Articles 21 and 22.
Written grounds of arrest must be provided to the accused under Section 19 of the PMLA; non-compliance renders the arrest illegal.
The court established that non-compliance with the mandatory requirements of Section 19 of the PMLA regarding informing the accused of the grounds for arrest and the court's duty to record reasons fo....
The court upheld the legality of the arrest and remand of the petitioner, affirming compliance with statutory and constitutional requirements.
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