Back
ANUPINDER SINGH GREWAL, KIRTI SINGH
Jaswant Singh – Appellant
Versus
Union of India – Respondent
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
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.
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....
Supply of documents to arrestee – Person asserted, if he is informed or made aware orally about grounds of arrest at the time of his arrest and is furnished a written communication about grounds of a....
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....
Court held that oral communication of arrest grounds is sufficient compliance under Section 19 of the PMLA prior to updates in judicial interpretation, validating the legality of the petitioner’s arr....
Compliance with Section 19 of PMLA and satisfaction of twin conditions under Section 45 of PMLA are crucial for determining the validity of arrest and granting bail.
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.
Mandatory compliance with Section 19 of the Prevention of Money-Laundering Act is essential; failure to comply renders arrest and subsequent proceedings illegal.
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.
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
