Arrested Person, if Informed or made aware Orally about Grounds of Arrest within 24 hrs of Arrest is Sufficient Compliance of Section 19 of PMLA: SC [Read Judgement]
Arrested person, if informed or made aware orally about grounds of arrest within 24 hrs of arrest is sufficient compliance of Section 19 of PMLA, rules SC
Arrested Person – Grounds of Arrest – 24 hrs of Arrest – PMLA – Prevention of Money Laundering Act – SC – TAXSCAN
Arrested Person – Grounds of Arrest – 24 hrs of Arrest – PMLA – Prevention of Money Laundering Act – SC – TAXSCAN
The Supreme Court in a recent decision observed that the arrested person, if informed or made aware orally about grounds of arrest within 24 hrs of arrest is sufficient compliance of Section 19 of the Prevention of Money Laundering Act (PMLA), 2002.
The present appeal is directed against the judgment and order dated 22.09.2023 passed by the High Court of Delhi at New Delhi, whereby the High Court has dismissed the said petition seeking declaration that the arrest of the appellant on 27.06.2023 by the respondent Directorate of Enforcement (ED) was illegal and violative of the fundamental rights guaranteed to the appellant under Articles 14, 20 and 21 of the Constitution of India, and seeking direction to release the appellant forthwith. The appellant had also sought direction to quash the order of remand dated 28.06.2023 passed by the ASJ/05, PMLA, Patiala House Courts, New Delhi.
The question of law that has been raised before the Court is, whether the action of the respondent ED in handing over the document containing the grounds of the arrest to arrestee and taking it back after obtaining the endorsement and his signature thereon, as a token of he having read the same, and in not furnishing a copy thereof to the arrestee at the time of arrest would render the arrest illegal under Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA)?
The Senior Counsel Mr. Abhishek Manu Singhvi placing heavy reliance on the recent decision of the Supreme Court in Pankaj Bansal vs. Union of India and Others, submitted that mere informing the accused (the appellant herein) orally about the grounds of arrest and making him read the same and obtaining his signature thereon, and not furnishing in writing the grounds of arrest to the accused has been held to be not in consonance with the provisions contained in Section 19(1) of the PMLA.
The counsel further submitted that taking note of the inconsistent practice being followed by the officers of the respondent-ED, it has been directed that it would be necessary henceforth that a copy of such written grounds of arrest is furnished to the arrested person as a matter of course and without exception.
A Two-Judge Bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma observed that “The only contention raised by the learned Senior Counsel, Mr. Singhvi is that he was not furnished a copy of the document containing the grounds of arrest at the time of arrest. Since the appellant was indisputably informed about the grounds of arrest and he having also put his signature and the endorsement on the said document of having been informed, we hold that there was due compliance of the provisions contained in Section 19 of PMLA and his arrest could neither be said to be violative of the said provision nor of Article 22(1) of the Constitution of India.”
To Read the full text of the Order CLICK HERE
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