CALCUTTA HIGH COURT
SUVRA GHOSH, J
Yogesh Dua – Appellant
Versus
Directorate of Enforcement through its Assistant Director – Respondent
SUVRA GHOSH, J. :-
1. The petitioner who is in custody since April 4, 2025 in connection withthe present case has challenged the legality of his arrest and remand onthe following grounds:-
i. The arrest is violative of the safeguards contained inSection 19(1) and 19(2) of the Prevention of Money Laundering Act , (hereinafter referred to as thePMLA).
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-cooperation could not be the basis of arrest under Section 19 (1) of the PMLA which contemplates arrest only if the arresting officer is in possession of the “material” on the basis of which he may “record reasons in writing” that the person to be arrested is guilty of an offence.
v. It is not clear when, what and how material in possession was sent to the Adjudicating Authority in compliance with Section 19 (2).
2. Seeking releas
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