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2024 Supreme(P&H) 654

ANUPINDER SINGH GREWAL, KIRTI SINGH
Jaswant Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Randeep S. Rai, Senior Advocate (through VC) and Mr. Anand Chhibber, Senior Advocate, Mr. Vikram Chaudhari, Senior Advocate with Mr. Shikhar Sarin, Advocate, Ms. Rubina Virmani, Advocate, Ms. Shreya B. Sarin, Advocate, Ms. Hargun Sandhu, Advocate; For the Petitioner
Mr. Satyapal Jain, Addl. Solicitor General of India (through VC) with Mr. Lokesh Narang, Senior Panel counsel for UOI.

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

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