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2024 Supreme(Online)(MAD) 36613

HIGH COURT OF MADRAS
S.M. SUBRAMANIAM, V.SIVAGNANAM, JJ
Jaffer Sadiq – Appellant
Versus
The Assistant Director, Directorate of Enforcement, Chennai Zonal Unit – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Abdulkumar Rajarathinam, Mr.K.M.Kalicharan
For the Respondents: Mr.N.Ramesh

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

Under assail is the order dated 26.06.2024 passed by Shri Sunil Shankar Yadav, Assistant Director in File No.ECIR/CEZO-1/09/2024, on the file of the Joint Director, Directorate of Enforcement, Chennai Zonal Unit-1.

2.The criminal original petition has been instituted under Section 482 of Cr.P.C . to quash the arrest order dated 26.06.2024. The learned Senior Counsel Mr.Abdulkumar Rajarathinam appearing on behalf of the petitioner would mainly contend that the impugned arrest order is directly in violation of Section 19 (3) of the Prevention of Money Laundering Act, 2002 (hereinafter referred as PMLA). It is contended that the petitioner was formally arrested on 26.06.2024 by the Enforcement Directorate and remanded to judicial custody on 15.07.2024. Thus, the respondent has failed to comply with the mandatory requirement as contemplated under Section 19 of PMLA.

3.In order to substantiate the said contention, the learned senior counsel would refer the observation made by the Supreme Court of India in the case of Vijay Madanlal Choudhary and others Vs. Union of India and others reported in 2022 SCC online SC 929 . The Apex Co

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