ED cannot arrest person accused under PMLA after special court takes cognisance of complaint: SC
The Enforcement Directorate will have to apply to the special court if it wants to take the person into custody, the Supreme Court said.
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The Enforcement Directorate cannot arrest a person under provisions of the Prevention of Money Laundering Act after a special court has taken cognisance of the complaint, the Supreme Court ruled on Thursday, Live Law reported.
In such a situation, the central law enforcement agency will have to apply to the special court if it wants to take the person into custody, it said.
A bench of Justices Abhay S Oka and Ujjal Bhuyan delivered the judgement in a case dealing with a question on whether a person accused in a money laundering case has to meet the twin-test requirements for bail after appearing before a special court in response to summons issued by it at the behest of the Enforcement Directorate, Bar and Bench reported.
Under section 45 of the Prevention of Money Laundering Act, twin conditions for a person applying for bail in a money laundering case first requires the court to allow the public prosecutor to be heard.
The bail is granted only when the court is satisfied that the accused person is not guilty and is unlikely to commit a similar offence when released.
On Thursday, the bench ruled that a person who is not arrested by the central agency in a money laundering case, but appears before a special court after being...
