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IN THE HIGH COURT AT CALCUTTA
SUVRA GHOSH
Yogesh Dua – Appellant
Versus
Directorate of Enforcement through its Assistant Director – Respondent
| Table of Content |
|---|
| 1. challenge to legality of arrest under pmla (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments by both parties on the legality of arrest (Para 6 , 7 , 8 , 9) |
| 3. court's analysis on compliance with pmla provisions (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. non-review of the merits of the case (Para 22) |
| 5. dismissal of writ petition and order on connected application (Para 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
SUVRA GHOSH, J.
1. The petitioner who is in custody since April 4, 2025 in connection with the present case has challenged the legality of his arrest and remand on the following grounds:-
i. The arrest is violative of the safeguards contained in Section 19(1) and 19(2) of the Prevention of Money Laundering Act , (hereinafter referred to as the PMLA).
ii. Both “reasons to believe” and “grounds of arrest”are a mere sham and pretence lacking the spirit, substance and sanctity.
iii. “Material in possession” on the basis of which the arresting officer has arrived at a subjective satisfaction of guilt of the petitioner is incomplete, inchoate and inconclusive as extraneous material has been taken into consideration and the relevant has been eschewed.
iv. Alleged non-c
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