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.

JUDGMENT

Anupinder Singh Grewal, J. (Oral)

Petitioner has challenged the arrest order dated 06.11.2023 (Annexure P-19), the grounds of arrest dated 06.11.2023 (Annexure P-20) and all subsequent proceedings including the remand order dated 07.11.2023 (Annexure P-24).

Submissions By The Petitioner

2. Learned senior counsel appearing for the petitioner, who is an elected member of Punjab Legislative Assembly from Amargarh Constituency, Malerkotla submit that the petitioner had been arrested in contravention of the provisions of Section 19(1) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the PMLA'), insofar as there is non-compliance on the part of the Investigating Officer with regard to the provisions of Section 19(1) of the PMLA. The first remand order dated 07.11.2023 and the subsequent remand orders are also vitiated as the Special Court had not taken into account the provisions of Section 19(1) of the PMLA. Counsels further submit that the petitioner was in fact picked up and arrested from his Party office situated at Tara Colony, Village Gounspura, Ludhiana Road, Malerkotla at 12:00 p.m. without any written orders and was forcibly taken to the office of the Directorate of Enforcement (E.D.) at Jalandhar where he was formally arrested at 04:25 p.m. on 06.11.2023. The petitioner was willing to cooperate with the investigating agency and had duly replied to the summons which were sent to him for joining investigation. The first summons was sent to him on 04.08.2023 requiring his presence on 08.08.2023, but as the petitioner had prior plan to travel to Canada, he communicated to Investigating Officer on 05.08.2023 stating that he would make himself available to the investigating agency after his return from Canada on 25.09.2023. He was issued 2nd summons on 10.08.2023 asking him to appear on 16.08.2023, to which he had replied on 11.08.2023 that he was still in Canada, and on his return on 25.09.2023 he will join investigation whenever required. The 3rd summons dated 30.08.2023, was issued directing his presence on 08.09.2023. However, the petitioner could not appear in response to the 2nd and 3rd summons issued by the E.D. due to his absence from the country. He was served 4th summons on 06.10.2023 directing him to appear personally on 09.10.2023. He could not comply with the same on account of his ill-health, as he was suffering from severe neck pain, vertigo and vomiting. The Investigating Officer was duly informed about his non-availability on 09.10.2023. He had sent a medical certificate issued by the Sohana Hospital, Sector 77, S.A.S. Nagar (Mohali), Punjab wherein he was advised rest for 15 days from 07.10.2023 to 21.10.2023. Counsels also submit that the summons dated 06.11.2023, which the respondents have placed on record, is an afterthought and was never served upon the petitioner at any point in time, as it does not carry the QR code which is unique and present on all the 4 previous summons. The summons dated 06.11.2023 do not find mention in the remand application as well as in the subsequent remand orders. The grounds of arrest do not indicate any reason holding him guilty of an offence under PMLA warranting his arrest, except that the petitioner did not comply with the summons and he was not cooperating. Counsels therefore submit, that the arrest of the petitioner is illegal and in violation of Section 19 (1) of PMLA and he is entitled to be released from custody forthwith. It is further submitted that the material in possession the basis of which the Investigating officer had formed an opinion regarding his guilt should have immediately been sent to the Adjudicating Authority in light of Section 19(2) of the PMLA and the law laid down by the Supreme Court. However, the information was sent on 08/09.11.2023 and the arrest was shown to be made on 07.11.2023, although as per arrest memo he was arrested on 06.11.2023, which even finds mention in the grounds of arrest.

3. In support of the