ED can’t arrest accused after special court has taken cognisance of complaint: SC


PTI, May 16, 2024, 11:38 AM IST

The Supreme Court Thursday held that the Enforcement Directorate (ED) cannot arrest an accused under Section 19 of the Prevention of Money Laundering Act (PMLA) after a special court has taken cognisance of the complaint of money laundering.

A bench of Justices Abhay S Oka and Ujjal Bhuyan said when an accused appears before a court in pursuance of a summons, the agency will have to apply to the court concerned to get his custody.

”If the accused appears before the special court by summons (issued by court), it cannot be treated that he is in custody,” it said.

”Accused who appeared before the court pursuant to the summons not required to apply for bail, and thus twin conditions of Section 45 of PMLA not applicable,” the bench said in its judgment.

The twin conditions state that when an accused in a money laundering case applies for bail, the court has to first allow the public prosecutor to be heard and only when it is satisfied that the accused is not guilty and unlikely to commit a similar offence when released, can bail be granted.

The apex court judgment was pronounced on a question of whether an accused in a money laundering case has to meet the stringent twin test for bail even in cases where the special court takes cognisance of the offence.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Kundapura: Body of drowning victim found after jet ski incident

Passengers on board Air India flight exchange blows over armrest space

Man arrested for posing as Lokayukta official

‘Govt plotting fake encounter against C.T. Ravi’, alleges Union Minister Prahlad Joshi

15-year-old girl raped by school teacher in Rajasthan’s Sikar: Police

3 killed, 6 injured as truck crushes people sleeping on footpath in Pune

Ambedkar row: Congress to hold nationwide protest against Amit Shah’s remarks

Related Articles More

Jyotirmath Shankaracharya slams RSS chief for ‘politically convenient’ position on restoring temples

Passengers on board Air India flight exchange blows over armrest space

PM Modi pays tributes to Charan Singh

Car bonnet catches fire; no injuries

15-year-old girl raped by school teacher in Rajasthan’s Sikar: Police

MUST WATCH

Tulunadu Daivaradane

Feeding Birds with Creative Paddy Art!

Areca Nut

HOTEL SRI DURGA BHAVANA

Harish Poonja


Latest Additions

Shivamogga: Two killed in road accident

Kundapura: Body of drowning victim found after jet ski incident

“FM ji FM ji, itna tax main kaise bharun”, asks investor Vijay Kedia in viral post

Jyotirmath Shankaracharya slams RSS chief for ‘politically convenient’ position on restoring temples

Geethartha Chinthane 133: Detachment with Responsibility

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.