khaskhabar.com: Saturday, January 15, 2022 7:30 PM
New Delhi. A Delhi court has observed that the provisions of Section 45 of the Prevention of Money Laundering Act (PMLA) will apply only if a person is arrested by the Enforcement Directorate (ED). The court made this observation while granting bail to an accused in a case titled ‘Enforcement Directorate vs Genic Cars India Pvt Ltd and others’ recently in respect of offenses registered under sections of the Prevention of Money Laundering Act.
Special Judge of Tis Hazari Court Naveen Kumar Kashyap passed this order while deciding on regular bail petitions filed by accused persons under Section 439 of CrPC.
The summons was issued by the Special Court on a complaint filed by the Enforcement Directorate. Thereafter the petition was filed by the accused persons.
In this case an offense under Sections 3 and 70 of the Act was alleged to have been committed. Suffice it to state that the accused persons were never arrested by the ED during the investigation. The accused persons are authorized dealers of Audi and Porsche cars.
He was represented by Senior Advocate Pramod Kumar Dubey and on the instructions of a team of Karanjawala & Co. led by Samarjit Patnaik-Partner and Advocate Puneet Railan and Muzmil-Senior Associates, Special PP Mohammad Faraj appeared on behalf of Enforcement Directorate.
Senior advocate Pramod Kumar Dubey, appearing for the accused persons, argued that while pronouncing the bail plea of an accused arrested by the ED under Section 19 of the Act, the double standards prescribed under Section 45(1)(2) of the Prevention of Money Laundering Act 2002 test should be taken into account.
On the other hand, it was argued by the ED’s Special PP that it is necessary to comply with the double condition for grant of bail under section 45(1), as the validity of the provision was restored till 2018.
The ED’s counsel also submitted that no order of the Supreme Court has barred Section 45(1) nor has its operation been invalidated.
Additional Sessions Judge Naveen Kumar Kashyap, while granting bail, observed that Section 45(1) of the PMLA contains the phrase ‘to be released on bail’. Therefore, to implement Section 45 PMLA, a person has to be arrested first.
The Court also observed that Article 21 of the Constitution states that no person shall be deprived of his life and personal liberty except according to procedure established by law. Article 21 in its broadest sense not only protects life and liberty but also envisages a fair process.
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Web Title-Section 45 of PMLA will apply only to those arrested by ED: Delhi Court