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MAHABIR SINGH SINDHU
Surender Panwar – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
Mahabir Singh Sindhu, J.
1. Present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) with the following prayer:
(ii) to set aside the two consequential remand orders: (a) order dated 20.07.2024 (P-2) and (b) order dated 29.07.2024 (P-4) passed by learned Special Court, PMLA, Ambala on the basis of unlawful and illegal arrest of the petitioner in case ECIR/GNZO/19/2023 dated 23.09.2023 (for short “ECIR No. 19”) under Section 3 and punishable under Section 4 of PMLA.
(iii) to issue an order or direction as this Court deems appropriate to release the petitioner forthwith and/or also on interim bail during the pendency of the petition in the exigency of forthcoming State Legislative Assembly elections in the State of Haryana.
(vi) further issue any appropriate order, relief or direction which
The court ruled that the arrest of the petitioner was unlawful due to insufficient evidence linking him to illegal mining, which is not a scheduled offence under the Prevention of Money Laundering Ac....
Money Laundering – Power to arrest under Section 19 (1) of PMLA is not for the purpose of investigation – Arrest can and should wait and power in terms of Section 19(1) of PMLA can be exercised only ....
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.
Judicial review of PMLA arrests limited to procedural compliance; 'reasons to believe' under s.19 valid on prima facie material like seized assets, statements; no need for naming in predicate FIRs; o....
The court established the statutory right of the enforcement agency to conduct further investigation and file subsequent complaints without seeking prior permission, as empowered by the provisions of....
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 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....
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