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may 2024

Supreme Court of India · 2024-05-16

Tarsem Lal vs Directorate Of Enforcement Jalandhar ...

Citation / case number
2024 INSC 434
Court
Supreme Court of India
Petitioner
Tarsem Lal
Respondent
Directorate Of Enforcement Jalandhar ...
Author
Abhay S. Oka
Bench
Abhay S. Oka

Judgment text excerpt

The Supreme Court ruled that once cognizance is taken under Section 4 of the Prevention of Money Laundering Act, 2002 (PMLA), the Directorate of Enforcement's power to arrest under Section 19 cannot be exercised, and warrants should not be issued if the accused appears in response to summons. The Court emphasized that Section 88 of the Code of Criminal Procedure, 1973 (CrPC) allows for the acceptance of bonds for appearance, and the Special Court should not remand the accused under Section 167(2) CrPC post-cognizance. The appeals against the denial of anticipatory bail were allowed, reinforcing the principle that arrest is not necessary if the accused complies with summons.

Tarsem Lal vs Directorate Of Enforcement Jalandhar ... · Niyam