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2023 Supreme(P&H) 1633

SUDEEPTI SHARMA, SURESHWAR THAKUR
Pranav Gupta – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Parties :Mr. R.S. Rai, Mr. Anand Chibbar, Mr. Surjeet Bhadu, Ms. Rubina Vermani, Ms. Shikar Sarin, Ms. Sanya Thakur, Mr. Veer Singh, Ms. Srishti Verma, Mr. Agam Bansal, Mr. Puneet Bali Senior, Advocate, Mr. Vipul Joshi, Mr. Prashant Kumar Kapila, Mr. S.V. Raju Assistant Solicitor General of India, Mr. Arvind Moudgil, Mr. Zoheb Hussain, Ms. Samrat Goswami, Mr. Deepanshu Gupta, Mr. Vivek Gurnani, Mr. Kartik Saherwal, Ms. Madhumita Keshvan, Mr. Manisha Dubey, Mr. Jyotika Panesar, Ms. Nisha Rawat, Ms. Bhawna Gandhi, Mr. Pankaj Bhatnagar

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

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