Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MAHABIR SINGH SINDHU
Sikandar Singh – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT :
Mahabir Singh Sindhu, J.
1. Present petition has been filed, under Section 482 of the Code of Criminal Procedure, 1973, (for short, "Code"), inter alia, to set aside:-
i. the impugned order dated 29.04.2024 (P-17); thereby fresh warrants of arrest against the petitioner and co-accused were issued;
ii. order dated 01.05.2024 (P-22), vide which petitioner was remanded to the custody of Enforcement Directorate (for short, "E.D"), by learned Special Judge for a period of 05 days;
iii. order dated 01.05.2024 (P-23), whereby application filed by the petitioner under Section 227 of the Code for discharge was declined;
iv. grounds of arrest dated 30.04.2024 (P-18); arrest order dated 30.04.2024 (P-19); and arrest memo, dated 30.04.2024 (P-20) issued by E.D against the petitioner.
Brief Facts:-
2. M/s Mahira Homes Pvt. Ltd is the holding company of various other associate companies, including M/s Sai Aaina Farms Pvt. Ltd. (for short, "SAFPL"), M/s Czar Buildwell Pvt. Ltd. (Presently Mahira Buildwell Pvt. Ltd.) and M/s Mahira Buildtech Pvt. Ltd., which are dealing with construction projects in Sectors 68, 103 & 104; respectively, at Gurugram.
2.1 On 17.05.2016, the SAFPL applied for an Aff
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....
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 arrest under the Prevention of Money Laundering Act, confirming compliance with statutory requirements, including timely communication of grounds for arrest.
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 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....
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
