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Supreme Court of India 2023-12-15 dismissed

RAM KISHOR ARORA vs DIRECTORATE OF ENFORCEMENT

Bench: 2 — Bela M. Trivedi, Satish Chandra Sharma

In Brief

This case concerns whether an ED arrest under Section 19 of the Prevention of Money Laundering Act (PMLA), 2002 is illegal if the arrestee is not given a copy of the written grounds of arrest at the time of arrest. The appellant, a real estate company founder, was arrested without receiving a copy though he was verbally informed and made to sign the grounds. The Supreme Court held that the phrase "as soon as may be" in Section 19 means within 24 hours of arrest. If a person is orally informed at arrest and given written grounds within 24 hours, this suffices for Section 19 and Article 22(1) of the Constitution. The earlier judgment requiring written grounds "henceforth" applied prospectively, not retrospectively. The appellant's arrest was legal as he was informed and signed acknowledgment.

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Prevention of Money Laundering Act, 2002 Right to Information of Grounds of Arrest Arrest Procedure Constitutional Rights Article 22 of Constitution of India Criminal Procedure

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