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2024 Supreme(Online)(P&H) 5307

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU, J.
Surender Panwar – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates:
For the petitioner:Mr. R.S. Cheema, Senior Advocate with Ms. Tanu Bedi, Advocate,
Mr. Sanjay Suri, Advocate, Mr. Arshdeep Singh Cheema, Advocate, Mr. Satish Sharma, Advocate,
For the respondent: Mr. Zoheb Hossain, Special Counsel, ED (through VC) and Mr. Lokesh Narang, Sr. Panel Counsel

JUDGMENT

MAHABIR SINGH SINDHU. J.
Present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) with the following prayer:-

    (i) for issuance of a direction to declare the arrest of the petitioner illegal, non-est and against the statutory provisions of Prevention of Money Laundering Act, 2002 (for short “PMLA”); Cr.P.C as well as the provisions of Constitution;
    (ii) to set aside the two consequential remand orders-(a)order dated 20.07.2024 (P-2) and (b) order dated 29.07.2024 (P-4) passed by learned Special Court, PMLA, Ambala on the basis of unlawful and illegal arrest of the petitioner in case ECIR/GNZO/19/2023 dated 23.09.2023 (for short “ECIR No.19”) under Section 3 and punishable under Section 4 of PMLA.
    (iii) to issue an order or direction as this Court deems appropriate to release the petitioner forthwith and/or also on interim bail during the pendency of the petition in the exigency of forthcoming State Legislative Assembly elections in the State of Haryana.
    (iv) further issue any appropriate order, relief or direction which this Court may deem fit and proper under the facts and circumstances of the present case.

BRIEF FACTS:-
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