IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Revati Mohite Dere, Prithviraj K. Chavan, JJ
Priyavrat Mandhana v. Directorate of Enforcement
| Table of Content |
|---|
| 1. allegations of illegal arrest under pmla. (Para 1 , 4 , 8 , 10 , 13) |
| 2. necessity for providing reasons for arrest. (Para 2 , 6 , 9 , 15) |
| 3. legal standards for arrest and statutory compliance. (Para 20 , 24 , 25) |
1. By this petition the petitioner invokes writ jurisdiction as well as inherent jurisdiction of this Court under S.482 of the Code of Criminal Procedure, 1973 (for short "CrPC") essentially on the ground of alleged illegal arrest and detention of the petitioner by respondent Nos.1 and 2 on 29th July, 2024 along with seven to nine of their officers who arrived at his residence, purportedly to carry out a search and seizure under S.17 of the Prevention of Money Laundering Act, 2002 (for short " the P.M.L Act"). No "reasons to believe" as mandated under S.17 of the P.M.L Act were served on him.
2. Without going into the merits of the case, a short point which needs to be looked into is, as to whether arrest of the petitioner by the respondents was in consonance with the ratio laid down by the Supreme Court in the case of Arvind Kejriwal v. Directorate of Enforcement 2024 SCC OnLine SC 1703 : (AIR 2024 SC 3373), in the sense, whether there was sufficient mat
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.