In Brief
An accused charged under the Prevention of Money Laundering Act (PMLA) who was not arrested during investigation cannot be compelled to apply for anticipatory bail once the Special Court takes cognizance on a complaint. The Court held that normal CrPC procedures apply to PMLA complaints. When cognizance is taken, a summons (not warrant) should issue if the accused was never arrested. The accused appearing on summons is not in custody and need not apply for bail. The Special Court may direct furnishing of bonds under CrPC Section 88, which is merely an undertaking to appear, not bail. After cognizance, the ED cannot arrest the accused without Special Court permission. Warrants can be cancelled if the accused provides undertakings to appear regularly.
The lawyer headnote and full judgment text are available to registered users.