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ARUN PALLI, VIKRAM AGGARWAL
Roop Bansal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks specific reliefs related to their arrest. (Para 1) |
| 2. background details on firs and arrests. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court reviews submissions and evidence presented. (Para 11 , 12) |
| 4. detailed examination of the legality of the arrest. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. court holds that the arrest was illegal and outlines reasons. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. final ruling declaring arrest and remand orders illegal. (Para 35) |
JUDGMENT
Mr. Vikram Aggarwal, J.
The petitioner herein has preferred the present Civil Writ Petition praying for the following substantial reliefs:-
Written grounds of arrest must be provided to the accused under Section 19 of the PMLA; non-compliance renders the arrest illegal.
(1) Arrest of suspect by ED – Mere passing of an order of remand would not be sufficient in itself to validate appellants’ arrests, if such arrests are not in conformity with requirements of Section ....
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....
Mandatory compliance with Section 19 of the Prevention of Money-Laundering Act is essential; failure to comply renders arrest and subsequent proceedings illegal.
The court ruled that while informing the grounds of arrest is mandatory, recent Supreme Court interpretations regarding PMLA and UAPA do not apply to general offenses under IPC or KCOCA.
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 determined that the unlawful restraint of the petitioners on 27.10.2023 constituted an illegal arrest, rendering the subsequent remand orders void.
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
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.
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